How to Sue the Government: A Comprehensive Guide

Taking legal action against the government isn’t as straightforward as filing a typical lawsuit. In Wisconsin, strict deadlines, unique procedures, and specific notice requirements make suing a city, county, or state employee more complex than most civil cases. You still have the right to seek justice, but knowing how to navigate the legal process is critical.

In this guide, we’ll break down how to sue the government in Wisconsin, explain the legal hurdles you may face, and outline what you need to do to protect your rights.

Sovereign Immunity & Notice Requirements in Wisconsin

Suing the government in Wisconsin isn’t the same as suing a private person or business. Government entities are generally protected from lawsuits under sovereign immunity unless that immunity has been waived by statute. Even when a waiver applies, the law imposes strict pre-suit notice requirements.

What Is Sovereign Immunity?

Sovereign immunity is a principle that shields government agencies and employees from most lawsuits unless the law specifically allows them. In other words, you can’t bring a lawsuit against the state, a city, or another government body unless a statute specifically says you can.

Even when a statute allows it, the Wisconsin government’s consent to be sued is narrow. The waiver typically applies only to ministerial duties, which are things the law requires a government employee to do in a clear and specific way. For example, if a statute requires a city to maintain a stop sign at a particular intersection and the city fails to do so, that may open the door to a lawsuit.

However, the Wisconsin government is immune from claims that challenge discretionary decisions, which are those involving judgment or policy choices. Decisions about how to allocate funds, set staffing levels, or manage public services generally fall into this category. Courts will not second-guess these kinds of policy calls.

Wisconsin law also draws an important distinction between:

1. State employees and agencies, such as the Department of Transportation or the University of Wisconsin System.
2. All other governmental units, like counties, cities, villages, school districts, and local police or fire departments.

Different statutes and notice rules apply depending on who the defendant is.

120‑Day Notice Requirement

Before filing a lawsuit against a government agency in Wisconsin, you must provide written notice within 120 days of the event causing your injury. However, how you file and how strictly this deadline is applied depends on who the defendant is:

• Claims Against State Employees or Agencies (§ 893.82). These rules are the most unforgiving. You must serve a very specific notice to the Wisconsin Attorney General within 120 days. The statute makes clear: “no claimant may bring an action against a state officer, employee, or agent unless the claimant complies strictly with the requirements of this section.” Even a small misstep in timing, format, or service method will bar your claim.
• Claims Against Other Governmental Units (§ 893.80). The 120-day notice applies here, too, but the statute is more forgiving. If the entity isn’t prejudiced by a late filing, a court may excuse the defect. In addition, you must file a claim for damages with the governmental unit itself. The entity then has a chance to settle the claim before litigation begins. If the government denies your claim, you have six months to file a lawsuit, or your claim will be permanently barred.

Regardless of whether you’re suing a state employee, agency, or other governmental unit, your notice must include:

• The injured party’s name
• The date, time, and location of the incident
• A description of the injuries and damages being claimed

Notice must be personally served to the Attorney General for state claims, and to the appropriate municipal body if the defendant is a city, village, or county. After serving notice, you must wait 120 days (or until the claim is formally denied) before filing a suit. Once denial occurs, you generally have 6 months to file a lawsuit.

Sovereign Immunity & Notice Requirements in Wisconsin

Who You’re Suing: State vs. City/Count

The rules for suing the Wisconsin government depend on what happened and who you’re suing. The law treats local governments differently from the State of Wisconsin and its employees. Each comes with its own set of notice requirements, immunity defenses, and limits on damages.

Claims Against Municipalities & Other Local Entities

If your claim is against a local unit of government, such as a city, county, village, school board, or local department, the law places tight restrictions on recovery.

• Damages Cap: Generally $50,000. However, under Wis. Stat. § 345.05, there is a $250,000 cap for claims involving motor vehicles operated by government employees.
• Ministerial Duties Only: Local governments can only be held liable for failing to perform a ministerial duty. Under Wisconsin law, a ministerial duty is one that is absolute, certain, and imperative, or a task the law spells out so clearly that nothing is left to the government’s judgment or discretion. When it comes to motor vehicle claims, the rules of the road themselves are considered ministerial duties. Municipal drivers must stop and yield at stop signs, obey speed limits, and follow traffic laws. They cannot claim “discretion” as an excuse for violating clear driving requirements.

Because most government actions involve at least some level of discretion, it’s uncommon for a claim to meet the ministerial duty standard. Successful cases usually involve situations where the law required a very specific action, such as:

• A city failing to perform sidewalk inspections on a schedule required by ordinance.
• A county neglecting a snow-removal protocol that’s specifically laid out by law.
• A school district failing to complete a mandated equipment inspection.

In practice, showing that a government entity failed to perform a ministerial duty is challenging, which is why many claims against municipalities don’t make it past this threshold.

Claims Against Employees of the State or its Agencies

Claims rules change slightly when they involve employees of the state or its agencies.

• Damages Cap for State Employees: If you’re suing a state employee for failing to perform a ministerial duty, your recovery is capped at $250,000.
• Suits Against the State Itself: A lawsuit for damages cannot be brought directly against the state. Instead, the lawsuit is filed against the state employee involved, and the state is required to indemnify the employee for any damages the employee is responsible for. The liability of the employee is capped at $250,000
• Ministerial vs. Discretionary Duties: Just as with local entities, liability generally only applies to ministerial duties.

Common Types of Government‑Entity Personal Injury Cases

Government bodies can be held responsible for injuries in certain situations, but every personal injury case comes with its own hurdles. Below are two of the most common types of claims people bring against government entities in Wisconsin.

Public Transit Accidents

Collisions involving city buses, commuter trains, or other public transit systems can lead to devastating injuries. In these cases, you must tie the accident to a failure of a ministerial duty. For example, if the law requires that a bus undergo scheduled brake inspections and the transit authority fails to perform them, that breach can form the basis of liability. Without this kind of specific, mandatory rule, claims are often barred by governmental immunity.

Premises Liability & Slip‑and‑Fall Claims

Hazardous conditions on public property, like schools, libraries, parks, or government buildings, are another source of claims. If an ordinance or policy requires regular inspections or maintenance (for example, snow removal every 24 hours or monthly playground equipment checks), you’ll need evidence showing those duties weren’t carried out, such as:

• Maintenance logs showing when inspections were (or weren’t) performed
• School district repair records documenting unresolved hazards
• Emails or complaints alerting officials to dangers that weren’t addressed

Wisconsin courts have also recognized the compelling danger exception, a very narrow exception to governmental immunity in situations involving an extraordinary risk of harm. One notable case, Cords v. Anderson, involved a trail at Parfrey’s Glen near Wisconsin Dells that ran just feet from a steep cliff drop-off. A hiker fell and was paralyzed after misstepping in the dark. Because the risk was so obvious and the potential for serious injury so great, the court allowed the lawsuit against state park personnel to proceed despite sovereign immunity. These cases are extremely rare.

The Immunity Defense & Its Impact on Settlements

One of the biggest hurdles in suing a government entity is the immunity defense. Governments almost always raise this doctrine in an effort to get cases dismissed before they ever reach trial. While immunity is powerful, it isn’t absolute.

What Is the Immunity Defense?

Under Wisconsin law, discretionary-act immunity protects government employees and entities when they are exercising judgment or making policy-driven decisions. The idea is that courts should not second-guess how governments allocate resources, respond to emergencies, or carry out day-to-day operations involving discretion.

However, immunity is not an automatic shield. In fact, Murphy & Prachthauser attorney Keith Stachowiak argued one of these cases—Brown v. Acuity—before the Wisconsin Supreme Court. This case involved a volunteer firefighter responding to a flooded basement call. By law, emergency vehicles must use both a siren and flashing lights to legally disregard a red light. This firefighter had only some clip-on lights he had purchased online, and he ran a red light on his way to the station, causing a devastating collision. The circuit court and court of appeals dismissed the case on immunity grounds.

At the Supreme Court, Stachowiak was able to show that this wasn’t a high-priority emergency. During an argument, a fire chief admitted the only thing he could think of that was a lower priority than a flooded basement was a “cat in a tree.” Ultimately, the Supreme Court reinstated the case and allowed the claim to proceed, though statutory damage caps still applied.

Overcoming discretionary immunity is difficult, but not impossible. Even when it seems like immunity should bar a claim, careful legal work and strategic questioning can keep a case alive.

Settlement Strategies

Because immunity defenses are so strong, many cases against government entities are resolved through settlement rather than trial. A smart settlement strategy can maximize recovery while minimizing risk. Common approaches include:

• Early Notice Compliance: Strictly meeting the 120-day notice requirement puts you in a stronger position from the start. It prevents the government from using late notice as a dismissal tool.
• Public Records Requests: Filing open-records requests right after giving notice can help secure valuable evidence, like maintenance logs, incident reports, or email chains, that supports your case.
• Proving a Ministerial Duty Breach: Showing that the government failed to carry out a clear, specific, and mandatory duty is one of the best ways to overcome immunity and strengthen your settlement leverage.
• Litigate vs. Negotiate: When immunity issues seem insurmountable, it may be wiser to negotiate within the statutory cap rather than push forward into costly litigation.
• Structured Settlement Proposals: Offering structured settlement terms under the damages cap can make resolution more attractive to a government entity by providing certainty and avoiding litigation expenses.

Step‑by‑Step Guide: Filing Your Wisconsin Government Claim

Because suing the government in Wisconsin comes with strict deadlines and technical requirements, it’s important to follow each step carefully. Missing even one detail could prevent you from ever bringing your claim to court.

1. Identify the Proper Entity. The first step is figuring out who exactly you’re suing. Is it a city, county, school district, or other local body? Or is it a state agency or state employee? The rules, notice requirements, and damage caps depend on getting this right.
2. Draft the 120-Day Notice. This written notice must be served within 120 days from the date of the incident.
3. Serve the Notice. For claims against the State or a state employee, the notice must be personally delivered to the Wisconsin Attorney General’s Office. For claims against local entities, you must also serve the notice to the appropriate municipal office.
4. Wait for Response. After notice is served, the government entity has 60 days to accept or deny the claim.
5. File Your Lawsuit. If the claim is denied—or if no response comes after 60 days—you can file your lawsuit. Be mindful of additional waiting periods (for example, with municipal claims, you must often wait six months after denial before suing).
6. Preserve Evidence & Witnesses. Document everything from the start. Take photos of the scene, collect and preserve medical records, and get written statements from witnesses. These materials can make the difference in proving negligence and overcoming an immunity defense later on.

Caps Beyond Notice: Punitive & Wrongful‑Death Limits

Even if you meet Wisconsin’s strict notice requirements and successfully prove a claim against a government entity, the law still limits how much you can recover. These additional statutory caps can significantly reduce damages in certain types of cases. They cannot be exceeded regardless of the circumstances.

• Punitive Damages. Wisconsin law does not allow punitive damages against government entities. That means you cannot recover extra damages designed to punish misconduct or deter future wrongdoing; the focus is solely on compensating actual losses.
• Wrongful-Death Damages Cap. In cases involving the wrongful death of a loved one, state statutes cap non-economic damages for loss of society and companionship. These limits are $350,000 for deceased adults and $500,000 for deceased minors.

How to Sue the Government: Murphy & Practhauser

Suing a government entity in Wisconsin is never simple, but difficult does not mean impossible. With the right legal guidance, it is possible to navigate the statutes, preserve your rights, and pursue the compensation you and your family deserve.

At Murphy & Prachthauser, our attorneys have decades of experience taking on complex cases, including those involving government liability. We understand the procedural traps, the strategies that can overcome immunity defenses, and the importance of building strong evidence early on. If you or a loved one has been injured due to the negligence of a government agency or employee, don’t wait; contact Murphy & Prachthauser today to schedule a free consultation.

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