As a private citizen, can Trump sue Pelosi, McConnell, et al. for violation of his civil rights?
🚔 PARTY OF CRIME 🚔
They undertook a totally unconstitutional action against him, slandered him, presented false evidence against him, and cravenly lied in an attempt to neuter his political clout, and portray his supporters as violent insurrectionists.
No. Not in their private capacity.
They were operating as representatives of the government. So Trump would have to sue them in their official capacity. Not private.
Wrong. Using your office for personal gain or for illicit or malfeasant activities is very definitely legit grounds for personal (non-official capacity) suits. Being a gov't employee does not grant you special privilege, all it does is add a demarcation between official business and illicit endeavours.
In Will v Mich Dept of State Police, the Scotus held the states and it's "government" are not persons, and thus cannot be sued, at all.
So, the end around is suing them (the "defendant" in your case) in their personal (non-official) capacity, only remarking in passing that they are a gov't agent/ employee/ representative, etc
In City of Canton v Harris, Scotus held deliberate indifference to clear Constitutional principles can lead to a person being sued directly
He could do Title 42 RICO in their personal capacity if it could be proven they acted under color of law.