Jury trial when defendants are a US State & its agencies

[makole]

What is the name of your state (only U.S. law)? Hawaii

I am the plaintiff in a case against the State of Hawaii and several of its agencies. The defendants included in their Motion to Dismiss that "tort plaintiffs are not entitled to a jury trial of their claims against the State absent the State's consent....which must be voluntary and express" and quoted the state statute. My attorney and I concur that my case would be best heard before a jury. Do state defendants ever consent to a jury trial? If so, what is the best way to get them to give this consent?

 

[FlyingRon]

Keep it all in one thread, please.

https://forum.freeadvice.com/us-supreme-court-constitution-25/ex-post-facto-qualified-immunity-565399.html

 

[OHRoadwarrior]

I guess I scored- game, set and match!!! OP decided he didn't want anyone to know though.

 

[Dillon]

What is the name of your state (only U.S. law)? Hawaii

I am the plaintiff in a case against the State of Hawaii and several of its agencies. The defendants included in their Motion to Dismiss that "tort plaintiffs are not entitled to a jury trial of their claims against the State absent the State's consent....which must be voluntary and express" and quoted the state statute. My attorney and I concur that my case would be best heard before a jury. Do state defendants ever consent to a jury trial? If so, what is the best way to get them to give this consent?

one cant be force into a court of equity per the judcial act of 1789, sec. 16.

SEC. 16. And be it further enacted, That suits in equity shall not be sustained in either of the courts of the United States, in any case where plain, adequate and complete remedy may be had at law. (common law) (where the jury determines the law and the facts)


also see the 7th amendment of the federal constitution.

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

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in a court of equity the trial by jury is optional, the judge can decides all issues.

i hope that helps

 

[Dillon]

The qualified immunity test requires a two-part analysis:

"(1) Was the law governing the official's conduct clearly established?

(2) Under that law, could a reasonable officer have believed the conduct was lawful?"

see also Tribble v. Gardner, 860 F.2d 321, 324 (9th Cir. 1988), cert. denied, 490 U.S. 1075 (1989).

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also quilified immunity is unnecessary, as any government official can purchase liability insurance like other professionals, etc... (we are all equal under the law)

if something is unnecessay it means its unreasonable...