Can you sue the government?

Question

Accepted Answer

Yes — Arizona law contemplates lawsuits against public entities and public employees, but with significant immunities and strict procedural requirements.

Immunities that may bar or limit a suit:

- A public entity is not liable for its employees' acts or omissions constituting the exercise of a judicial or legislative function, or the exercise of an administrative function involving the determination of fundamental governmental policy . Fundamental governmental policy determinations include decisions about whether to seek or provide resources for equipment, facilities, personnel, or governmental services; how to spend existing resources; licensing and regulation of professions; and minimum safety standards for light rail transit systems .
- Unless a public employee acting within the scope of employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for certain enumerated acts, such as the failure to make an arrest, injuries caused by escaped prisoners, the issuance of or failure to revoke permits or licenses, and injuries caused by a peace officer while rendering emergency care at the scene of an emergency . This qualified immunity also extends to a public entity or employee where the injury was caused by a public entity's contractor, though it does not protect the contractor itself .

Procedural requirements:

- Before suing, a claimant must file a notice of claim with the person authorized to accept service for the public entity, public school, or public employee within 180 days after the cause of action accrues; the claim must state facts sufficient to show the basis of liability and a specific settlement amount, and a claim not filed within that period is barred . A cause of action accrues when the damaged party realizes they have been damaged and knows or reasonably should know the cause . A claim is deemed denied 60 days after filing unless the claimant is advised of denial in writing before then .
- All actions against a public entity or public employee must be brought within one year after the cause of action accrues .

Exceptions and special rules: Where a claim must first go through a dispute resolution or administrative process, the claim does not accrue until those remedies are exhausted, and the time to give notice and sue runs from the final decision . Minors and insane or incompetent persons may file within 180 days after the disability ceases . The notice-of-claim requirement does not apply to claims for just compensation under chapter 8, article 2.1 of title 12 .

The sources provided do not address every possible type of claim against the government (for example, federal civil-rights claims are governed by federal law, not these Arizona statutes), so for a specific situation you should consult a licensed Arizona attorney.