Need to talk with an iowa attorney, intentional negligence case?
can I file a counterclaim of intentional negligence against the state for not filing criminal charges against my city government?
Answers:
A counterclaim, meaning the state already has a suit filed against you? Something tells me you are in the wrong here. Provide more details.
I'm not an Iowa attorney, but here's my take on it. <<not for legal advice>>
No, you can't. For several reasons:
1. For negligence, you need to prove causation. Chances are the state, although it may be a factual cause of any harm you have, its not a legal cause. The City is probally the legal cause.
2. You also need duty. Your state owes you no legally enforceable duty to prosecute any one. I know that sounds strange, but it's true. The police, for example, have no duty to protect you: you can't sue the police for failure to respond to complaint you make.
The's state's police power is manged via the political process. If they fail to prosecute, your recourse is to vote them out.
3. There's a good chance the state is immue, you'd have to check into the local laws to see if they waived the immunity.
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