How to Sue Our Government for the Misuse of Our Tax Dollars

Understanding Sovereign Immunity

Historically, sovereign immunity protected the government from being sued without its consent. This ancient concept, rooted in English law, carried over to the U.S. government. But, over time, laws like the Federal Tort Claims Act (FTCA) have created pathways for citizens to seek justice. However, these pathways are narrow and filled with procedural hurdles.

Federal Tort Claims Act (FTCA)

The FTCA allows individuals to sue the federal government for certain torts committed by federal employees. But, before you can file a lawsuit, you must exhaust administrative remedies. This means filing a claim with the appropriate federal agency and waiting for their response. If the agency denies your claim or fails to respond within six months, you can then file a lawsuit in federal court.

Filing an Administrative Claim

1. Identify the Correct Agency: Determine which federal agency is responsible for the misuse of funds.
2. Complete Standard Form 95 (SF95): This form requires detailed information about the incident, including the date, time, and nature of the injury or damage.
3. Submit the Form: File the form with the agency within two years of the incident. Include all supporting documents and evidence.
4. Wait for a Response: The agency has six months to respond. If they deny your claim or offer an unsatisfactory settlement, you can proceed to court.

State and Local Government Claims

Suing state or local governments involves different rules and procedures, which vary by jurisdiction. Most states have their own tort claims acts, which outline the process for filing claims against state and local entities.

Filing a Claim Against State or Local Governments

1. Understand State-Specific Laws: Each state has its own laws regarding sovereign immunity and the process for filing claims.
2. File a Notice of Claim: Before filing a lawsuit, you must file a notice of claim with the appropriate government entity. This notice must be filed within a specific timeframe, often within six months of the incident.
3. Wait for a Response: The government entity has a set period to respond to your claim. If they deny it or fail to respond, you can then file a lawsuit.

Legal Standing

To sue the government, you must have legal standing. This means you must show that you have suffered a distinct injury caused by the government’s actions, and that the court can provide a remedy. Generalized grievances, such as ideological disagreements or political disputes, do not confer standing.

Proving Misuse of Tax Dollars

1. Gather Evidence: Collect all relevant documents, including financial records, government reports, and witness statements.
2. Demonstrate Injury: Show how the misuse of funds has directly harmed you. This could be financial loss, property damage, or other tangible harm.
3. Link the Harm to Government Actions: Prove that the government’s actions directly caused your injury.

Potential Challenges

Suing the government is not easy. There are many hurdles, including strict deadlines, procedural requirements, and the possibility of government immunities. For example, design immunity protects the government from lawsuits based on approved designs, even if they later prove to be dangerous.

Seeking Legal Help

Given the complexities involved, it’s crucial to seek legal advice from an attorney experienced in government litigation. They can help you navigate the process, meet deadlines, and build a strong case.

Planning Ahead

Suing the government for the misuse of tax dollars is a daunting task, but it’s not impossible. By understanding the legal framework, gathering solid evidence, and seeking expert legal help, you can increase your chances of success. Remember, every single client deserves honesty and white glove service. At Spodek Law Group, we leave no stones unturned. We do everything possible to win. Everything we do is focused on getting you results. If you’re considering legal action, schedule a consultation with our attorneys today. You can reach us at 212-210-1851 or schedule a free consultation online.