If a state university commits personal injury against a student, does the student file the lawsuit in state court?

No..

Source(s):

.....I am a retired police officer. I retired as a sergeant, after 29 years, from a very large department, about 12,000 officers. I was a patrol officer for 4 years in a very diverse area. I was a tactical officer in the high rise project areas of my city. We called it vertical patrol in that we walked the the stairways of the high rises most of the time. I did that for 5 years and was promoted by test to detective. I worked violent crime (homicide, sex, officer involved shootings, robbery, kidnapping, serious non property incidents) for 11 years until I was promoted to sergeant. I worked as a street supervisor, a bicycle patrol supervisor and a desk sergeant/watch commander.

During my time as a tactical officer and a detective I was a unit representative for the police union.

I have a B.A in English and an M.S. in Law Enforcement Administration....

That would be an offence in state law, not federal law, so obviously it would go to a state court. And if the student is alleging a criminal offence, then he does not file a lawsuit. He tells the police and they take it from there. He would only file a lawsuit if he is claiming for damages, such as medical bills.

Such a lawsuit would belong in state, as opposed to federal court.

That said, the university as an organization is physically incapable of causing personal injury. Your FIRST step is to clarify WHAT you believe happened.

The student hires an attorney who specializes in personal injury, and allows that attorney to determine where the suit should be filed.