Legal Question in Civil Rights Law in Massachusetts

Re: Section 1983 Federal Lawsuit Action Against State Officials

Serve them on him. Be sure to sue him in his

individual as well as professional capacity.

I hope you have an atty for this.

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You should if you have not already done so.

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Re: Section 1983 Federal Lawsuit Action Against State Officials

The short answer to your question is, you must have the complaint served on the commissioner. However, there are very important issues that you should be aware of before filing suit under �1983. Your complaint may be dismissed if you do not fully understand the law. You should consult an attorney to discuss at least the following issues:

Suing a public official in his official or individual capacity;

Sovereign immunity under the Eleventh Amendment;

The difference between a respondeat superior claim and a supervisory liability claim;

Qualified immunity.

There may be other issues you need to consider depending on the facts of your case.

I hope that the information provided here is helpful. However, nothing provided herein should be construed as legal advice or used as a substitute for advice of competent counsel who knows the specific circumstances of your case.

Re: Section 1983 Federal Lawsuit Action Against State Officials

It is very complicated to sue the state. If you try to sue under MA law you must first give the Department notice of your claim, they then have 6 mos to investigate. If you don't hear from them or don't like result, you can then sue. You serve the papers on the Attorney General.

You should be advised if your claim should be brought in Federal or MA court. The procedures are different and so are the remedies. For example, MA has a limit on damages of $100,000.00.

In Federal court, 1983 actions are complicated. Best advice, get a lawyer.