Can I sue a governmental entity for a civil rights violation in Federal Court?
Maybe. In part, the answer depends on whether or not you are seeking to sue a Federal entity or a State entity. If you are trying to sue the Federal government, you are limited to suing only for an injunction or to reverse an illegal policy, since you cannot sue the Federal government for money damages, UNLESS there is a specific law granting the right to sue for money damages. For Federal actors, like FBI special agents, you are limited to suing the individual actor in what is called a “Bivens” action after the case of that name. The “qualified immunity” analysis of a Bivens action against an individual Federal actor is exactly the same as against a State actor. With State entities, it is trickier since the entity may be protected by sovereign immunity, as touched upon above, or it may not – it all depends on how State law defines the entity. If you are able to sue the State entity, this is sometimes called a “Monell” action, after the name of the case authorizing such lawsuits. Also,
