# Justice Manual § 4-6.240: Affirmative Cases—Suits Against State Governments, Agencies or Entities

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S4-6.240

## Section

- **Citation:** Justice Manual § 4-6.240
- **Heading:** Affirmative Cases—Suits Against State Governments, Agencies or Entities
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 4: Civil / 4-6.000 - Federal Programs / Justice Manual § 4-6.240

## Text

As stated in JM 1.10.100, it is the policy of the Justice Department that, prior to filing suit against a state government, agency or entity, each Division will undertake the following steps:

Advise the governor and attorney general of the affected state of the nature of the contemplated action or claim and the terms of the remedy sought;
Notify the Deputy Attorney General and, if appropriate, the Associate Attorney General that such prior notification has been given; and
Ensure that such prior notice is given sufficiently in advance of the filing of the suit or claim to: (a) permit the state government, agency or entity to bring to the Department's attention facts or issues relevant to whether the action or claim should be filed or, (b) result in settlement of the action or claim in advance of its filing on terms acceptable to the United States.

See
Attorney General Policy Directive, Litigation Against State Governments, Agencies or Entities, August 7, 1981.  Exceptions to the notice requirements are appropriate only when the authorizing official determines that good cause for such an exception exists and notifies the Deputy (and, where appropriate, Associate) Attorney General of that determination. When referrals are received for suits against states, the Branch will prepare a suit authorization memorandum to the Assistant Attorney General for the Civil Division, and will also prepare notification letters to the governor and attorney general of the state. Suit will be filed in such cases only after written suit authorization is given, prior notification has been provided the state, the Deputy (and, where appropriate, Associate) Attorney General has been notified, and the state has been given the opportunity to confer and attempt to compromise the claim without litigation. The Civil Division will supply the interested United States Attorney with copies of the notification letters.

[updated April 2018]

## Nearby sections

- [Justice Manual § 4-6.010 Federal Programs Branch—Subject Matter Areas](https://www.frixlaw.com/law-library/statutes/JM_S4-6.010.md)
- [Justice Manual § 4-6.100 Defensive Litigation](https://www.frixlaw.com/law-library/statutes/JM_S4-6.100.md)
- [Justice Manual § 4-6.200 Affirmative Litigation](https://www.frixlaw.com/law-library/statutes/JM_S4-6.200.md)
- [Justice Manual § 4-6.210 Delegated Affirmative Cases](https://www.frixlaw.com/law-library/statutes/JM_S4-6.210.md)
- [Justice Manual § 4-6.220 Monitored Affirmative Cases](https://www.frixlaw.com/law-library/statutes/JM_S4-6.220.md)
- [Justice Manual § 4-6.230 Personally Handled and Jointly Handled Affirmative Cases](https://www.frixlaw.com/law-library/statutes/JM_S4-6.230.md)
- [Justice Manual § 4-6.240 Affirmative Cases—Suits Against State Governments, Agencies or Entities](https://www.frixlaw.com/law-library/statutes/JM_S4-6.240.md)
- [Justice Manual § 4-6.250 Affirmative Cases—Counterclaims, Amicus Participation and Motions to Intervene](https://www.frixlaw.com/law-library/statutes/JM_S4-6.250.md)
- [Justice Manual § 4-6.300 Area 1—Affirmative Litigation and Regulatory Enforcement](https://www.frixlaw.com/law-library/statutes/JM_S4-6.300.md)
- [Justice Manual § 4-6.320 Area 2—Federal Employment (Nondiscrimination)](https://www.frixlaw.com/law-library/statutes/JM_S4-6.320.md)
- [Justice Manual § 4-6.332 Area 3—Government Information—General Information for Particular Case Types (Including Jurisdiction and Exhaustion of Administrative Remedies)](https://www.frixlaw.com/law-library/statutes/JM_S4-6.332.md)
- [Justice Manual § 4-6.340 Area 4—Health, Human Services & Education](https://www.frixlaw.com/law-library/statutes/JM_S4-6.340.md)
- [Justice Manual § 4-6.350 Area 5—Housing & Community Development](https://www.frixlaw.com/law-library/statutes/JM_S4-6.350.md)
- [Justice Manual § 4-6.360 Area 6—National Security, National Defense, & Foreign Policy](https://www.frixlaw.com/law-library/statutes/JM_S4-6.360.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S4-6.240. Check the current official text before relying on it. Not legal advice.