Legal Question in Personal Injury in Florida

Statutes

Can a person sue a state for not enforcing a Statute?


Asked on 10/05/07, 3:02 pm

2 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Statutes

No, generally not. There are a very very very very few exceptions in extremely narrow factual scenarios that allow you to complain about non-enforcement, but the answer is almost always, "no."

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Answered on 10/05/07, 3:33 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Statutes

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, in some circumstances. The action to force a governmental entity to do something is called a motion for Writ of Mandamus. From Wikipedia, "Mandamus is a judicial remedy which is in the form of an order from a superior court to any government, subordinate court, corporation or public authority to do or forbear from doing some specific act which that body is obliged under law to do or refrain from doing, as the case may be, and which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision."

Scott R. Jay, Esq.

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Answered on 10/07/07, 11:28 pm


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