Filing Article 42 U.S.C. Section 1983 Lawsuit
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Filing Article 42 U.S.C. Section 1983 Lawsuit
09-02-2013, 01:39 PM
Post: #1
Filing Article 42 U.S.C. Section 1983 Lawsuit
42 U.S.C. § 1983, commonly referred to as "section 1983" provides:

Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.


Read this: http://www.constitution.org/brief/forsythe_42-1983.htm

Read this: http://www.huizenga.nova.edu/6240/Articl...rticle.htm

42 U.S.C. § 1983 is a Civil action for deprivation of rights.

Google:

Monroe v. Pape, 365 U.S. 167 (1961)
436 U.S. 658 (1978)
403 U.S. 388 (1971)
Harlow v. Fitzgerald, 102 S. Ct. 2727 (1982)

"Civil lawsuits against police are now common; million-dollar judgments are not rare. State and local officers as well as municipal government entities are all sued for constitutional violations under section 1983. Federal officers are sued for constitutional violations under a similar form of lawsuit created in Bivens v. Six Unknown Federal Narcotics Agents and today referred to as a Bivens action.3 Both 1983 and Bivens actions have proliferated dramatically since the late 1970s.

Even when police win such lawsuits, they often lose in other significant ways. Civil lawsuits are aggravating, stressful, and time-consuming at best. At worst they threaten careers, personal finances, and health. Other costs, as described by the Supreme Court, "include the expenses of litigation, the diversion of official energy from pressing public issues, and the deterrence of able citizens from acceptance of public office. Finally, there is the danger that fear of being sued will 'dampen the ardor of all but the most resolute, or the most irresponsible public officials, in the unflinching discharge of their duties.'"4 Better understanding and preparedness in this area can help law enforcement officials be "resolute . . . in the unflinching discharge of their duties." "
- from Police Chief Magazine: http://www.policechiefmagazine.org/magaz...e_id=52004

A state is not a "person" under section 1983, but a city is a person under the law (Will v. Michigan Department of State Police, 491 U.S. 58, 109 S. Ct. 2304, 105 L. Ed. 2d 45 [1989]). Similarly, state officials sued in their official capacities are not deemed persons under section 1983, but if sued in their personal capacities, they are considered to be persons. Thus if a plaintiff wants to bring a section 1983 claim against a state official, she or he must name the defendants in their personal capacity and not in their professional capacity. Like a state, a territory, such as the territory of Guam, is not considered to be a person for the purposes of section 1983.
- http://legal-dictionary.thefreedictionar...ction+1983 (READ IT!)



Filing, (skip the state court bull and go straight to the federal court): http://www.assocforhonestattys.com/html/...l_suit.pdf

Deuteronomy 31:6 Be strong and of good courage, do not fear nor be afraid of them; for the LORD your God, He is the One who goes with you. He will not leave you nor forsake you.

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09-02-2013, 01:46 PM
Post: #2
RE: Filing Article 42 U.S.C. Section 1983 Lawsuit
(09-02-2013 01:39 PM)Whip Wrote:  Civil lawsuits are aggravating, stressful, and time-consuming at best. At worst they threaten careers, personal finances, and health. Other costs, as described by the Supreme Court, "include the expenses of litigation, the diversion of official energy from pressing public issues, and the deterrence of able citizens from acceptance of public office. Finally, there is the danger that fear of being sued will 'dampen the ardor of all but the most resolute, or the most irresponsible public officials, in the unflinching discharge of their duties.'"

Breaks your heart, doesn't it? Facepalm

- NonE

Maybe if they didn't "unflinchingly discharge of their duties" all over innocent people they wouldn't have such stress applied to their pathetic sociopathic lives. Angry

- NonE .).

"I just don't understand how this happens." Undecided
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09-10-2013, 12:26 AM
Post: #3
RE: Filing Article 42 U.S.C. Section 1983 Lawsuit
(09-09-2013 09:19 PM)gearheadmm Wrote:  What are the statutes of limitation on this?

I don't know, brother. I am guessing a minimum of 2 years. I would suggest you call your local federal court and ask their clerk. If you are not comfortable with making that call, I will do it for you.

Deuteronomy 31:6 Be strong and of good courage, do not fear nor be afraid of them; for the LORD your God, He is the One who goes with you. He will not leave you nor forsake you.

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09-10-2013, 06:55 AM
Post: #4
RE: Filing Article 42 U.S.C. Section 1983 Lawsuit
Great post, Mr. Whip...
thanks ....Thumbs Up Thumbs Up

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11-12-2013, 08:31 PM
Post: #5
RE: Filing Article 42 U.S.C. Section 1983 Lawsuit
** caveat emptor **

Post #7 posted by an avowed Republicrat/RepubliCON.

Please consider whether you want to inherently encourage The Believers/The Stateists by endorsing Their Bureaucracy as Legitimate via Argument and usage of It's methods...?


Is it voluntary?
(if it's not, then what is it... and you?)

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