You have to ask permission to sue a state.
Most states have an agency to grant this authority .. you usually have to file a complaint and request to sue.
Everyone knows this....
And most states require you to file a notice of intent to sue a town or city too...prior to filing a suit against them.
42 USC 1983 cases are against individuals for the most part...no need for anything but to file against them.
If you don't ask to be able to sue a state or notice a town of an impending suit, then your case will, 100% of time be dismissed.
Its like Law 101 kids.
Forgot...I have filed a request to sue a state.
Filed complaint, the state admitted that they did wrong in their answer.
Still waiting for the agency to respond if I can sue the state or not. Its only been six years since I filed with the appropriate agency that can grant this...still pending (not denied or approved).
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