{"id":355693,"date":"2020-08-24T15:07:39","date_gmt":"2020-08-24T20:07:39","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/civilrights\/enforcing-your-civil-rights\/can-i-sue-the-president.html"},"modified":"2023-10-03T15:33:18","modified_gmt":"2023-10-03T20:33:18","slug":"can-i-sue-the-president","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civilrights\/enforcing-your-civil-rights\/can-i-sue-the-president.html","title":{"rendered":"Can I Sue the President?"},"content":{"rendered":"\n
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Can I Sue the President?<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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You generally cannot sue a sitting U.S. president for actions taken as part of their official duties. But you can sue a President for unofficial or personal conduct, even while in office. Once out of office, former presidents are subject to the same legal responsibilities as other citizens.<\/p>\n\n <\/div>\n\n

Presidents are protected by presidential immunity. This means they are immune from liability in a personal capacity when acting within their executive power or when completing official acts.<\/p>\n

You can sue a former or current president for criminal charges that occurred while they were in office, whether the acts were official or unofficial. This happened in 2020 when former President Donald Trump was denied absolute immunity<\/a> for a state criminal subpoena.<\/p>\n

Before or after becoming president, a person is subject to the same laws that apply to all other members of society. Still, if you are trying to file a personal claim against a president, you will need the help of a civil litigation attorney<\/a>.<\/p>\n

Process for Suing a President<\/h2>\n

Which process you would take depends largely on your allegations.<\/p>\n

The Federal Tort Claims Act<\/a> sets the process and rules for suing the government. The statute of limitations on most government claims is typically two years. So, you need to submit your claim within two years of the situation. Once you submit your claim to the proper agency, the government has six months to act.<\/p>\n

History of Lawsuits Against a Sitting President<\/h2>\n

There is a long history of lawsuits against presidents. Some come to fruition, while others are refused a Supreme Court hearing.<\/p>\n

Two cases have set much of today’s precedent for presidential lawsuits:<\/p>\n