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Answer Center
Can I sue the state government for cheating the
Federal Government under the False Claims Act?
Probably not. A new Supreme Court
decision, United States ex rel. Stevens v. Vermont, 579 U.S. 765
(2000), held that a state is not a "person" under the False
Claims Act and,
thus, many state agencies, universities, hospitals, and other
state entities are now protected from qui tam actions. The United
States’ Constitution, specifically the 11th Amendment's immunity
provisions that protect states from lawsuits seeking money damages,
may also protect state defendants from liability in qui tam
actions.
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