SUE CORRUPT COPS
Article III, Section 2, Clause 1:
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to which the United States shall be a Party;—to Controversies between two or more States;—between a State and Citizens of another State,—between Citizens of different States,—between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. In addition to suits brought by the federal government as a plaintiff, Controversies to which the United States shall be a Party
may include cases brought against the United States as a defendant.1 Those cases fall within Article III’s grant of federal court jurisdiction;2 however, the doctrine of sovereign immunity may limit such suits. While state sovereign immunity is rooted in part in the Eleventh Amendment,3 no provision of the Constitution expressly grants the federal government immunity from suit. Instead, most judges and commentators agree that federal sovereign immunity is a common law doctrine drawn from pre-Founding English law.4 Since the early years of the Republic, the Supreme Court has repeatedly adopted the position that the United States may not be sued unless it consents.5 The Court has applied the doctrine of sovereign immunity to bar suits from proceeding without consent against the federal government for actions of its agents or employees6 and against federal agencies7 and government corporations.8 The Court has further held that any waiver of sovereign immunity must come from an act of Congress; Executive officials are powerless either to waive such immunity or to confer jurisdiction on a federal court.9 In the 2019 case Thacker v. Tennessee Valley Authority, the Court rejected a separation of powers challenge to a statute that waived the immunity of a government-owned corporation.10 Congress has waived federal sovereign immunity through statutes such as the Administrative Procedure Act,11 the Federal Tort Claims Act,12 and the Tucker Act.13 In the absence of a waiver of sovereign immunity authorizing suits against the government itself, the Supreme Court has at times allowed suits to go forward against federal officials sued in their individual capacity.14 For instance, in Bivens v. Six Unknown Named Agents15 and its progeny, the Court allowed individuals to sue federal agents directly under the Constitution without a federal statute authorizing relief.16 More recent Supreme Court cases have construed Bivens narrowly.17
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