Question: If I am suing a State (AZ) for Gross negligence, should I file the case in the US District Court or the State Superior Court?

Answer: Per the 11th Amendment, under the doctrine of “state sovereign immunity,” generally, a state cannot be sued in federal and state court without its consent. In Arizona, public entities are granted absolute immunity for the exercise of a judicial, legislative, or discretionary function. A.R.S. § 12820.01 (1984). All actions against public entities or public employees shall be brought within one year after the cause of action. A.R.S. § 12821. Claims against the State shall be filed within 180 days after the action occurs. A.R.S. § 12-821.01. A public entity is not liable for losses that arise out of an act or omission determined to be a criminal felony by a public employee unless the public entity knows of the employee’s propensity for that action. This subsection does not apply to acts or omissions arising out of the operation or use of a motor vehicle. A.R.S. § 12820.05. If absent proof of a public employee’s gross negligence or intent to cause injury, public entities have qualified immunity for: 1. The failure to make an arrest or to retain an arrested person 2. An injury to the driver of a vehicle that is caused by a violation by another driver 3. Preventing the sale of a handgun to a person who may lawfully possess a handgun, etc. See A.R.S. § 12-820.02 for other exceptions. We would recommend contacting an attorney who specializes in this area of law.