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Complaint Form to file a Title 42 USC 1983

Goldhedge

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Do your own due diligence. Posted for educational purposes only. Not legal advice. yadda yadda yadda.

42 U.S. Code § 1983 - Civil action for deprivation of rights
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.


PDF attached below or click on link

This complaint draft is shaping up very good and should give anyone wanting to file a Title 42 USC 1983 a good all around feel for the proper form for drafting a prima facie complaint.

There won't be any automatic, we're wiggling out of liability on this complaint for the cops or the defendant municipality under FRCP 12(b)(6) or 56(c), or by claims of qualified immunity. I would bet that the defendants in this matter will likely be making offers to settle by the end of depositions. That is, unless the plaintiff determines he would rather take this all the way to trial and see what kind of award he can get out of a jury.
Some important things to note with regard to prevailing in a Title 42 USC 1983.

(1) Keep your complaint as short and to the point as possible. Follow the format used in this example.

(2) No pounding your chest about your freeman status necessary. This isn't about you or your status, it's about the defendants and what they did to cause you damage.

(3) Always sue the defendant public policy enforcers/ revenue extorters in both their individual & their official capacities.

(4) Always include the municipality and or county that employs the defendant officers as a named defendant in your suit, sued as a "PERSON". ie City of ________, a municipal corporation operating within the State of __________., Service can be made on the mayor. Suing a county ie County of _________, a quasi municipal corporation operating within the State of _________., service on a county has to be made on each of its board members to qualify as good service. You don't have to list each board member as a defendant, but you must serve a complaint on each of them.

(5) Be sure to point out in your facts and causes of action that the City/ County defendant(s) are liable due to their policies and customs that have their meat heads out violating peoples rights. How are they liable? Failure to properly train, supervise, control their employees. Another reason they are liable; Because they enrich, reward, and condone their unlawful acts as shown by their deliberate indifference and failure to take disciplinary action against them. This all needs to be pointed out in no uncertain terms

(6) State the facts, as they were. By facts I mean; what happened (short and sweet) Who violated your rights, Which of your protected rights were violated, & How your rights were violated.

(7) It does not matter if they claim (on the side of the road) that there is a warrant somewhere lurking for your arrest. As far as you are concerned, AND YOUR COMPLAINT IS CONCERNED! THERE WAS NO WARRANT. You state that there was no warrant on your complaint. Did you see one? NO! And even if they had one in hand, was their an affidavit attached to it? NO! And even if they had a supposed warrant in hand w/ an affidavit attached to it, was the judge who signed it acting as a mere rubber stamp for policy enforcers? PROBABLY! So, do you think there was ever a lawful determination made as to actual probable cause for that warrant's issuance? Believe me, it has been my vast experience of studying 4th amendment cases, and challenges won against the sparse or completely non existent veracity of warrant affidavits that leads me to answer that last question with a loud and resounding NO! SO STATE THERE WAS NO WARRANT AND SHIFT THE BURDEN OF PROOF TO THE DEFENDANTS TO PROVE A VALID WARRANT EXISTED.

(8) When referring to your rights violations in the statement of facts section & in your causes of action, with regard to 4th amendment causes you should always refer to your reasonable expectations of being secure in your person, papers, effects. With regard to you 5th that you would be afforded due process of law, and so on, depending on what happened and what claims you can make as a result of what happened.

(9) Use the term (Knew or should have known) frequently, when referring to the defendant(s) lawless actions.

(10) Use terms like wanton, reckless disregard, deliberate indifference, are just a few show stoppers in your causes of action section.

(11) Be sure to add that defendants actions were under the color of state law, in violation of clearly established law (Supreme Court Case Precedent) and federally protected rights.

If I can think of anything I missed I'll add to that comment. But if one were to follow the form of that complaint while being sure to take notice of the important points I made above. I believe you could put together a pretty sound complaint yourself.

https://pdf.yt/d/fMMPpPPKKeSCGCDL
 

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michael59

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Wow, that's a pretty good fill in the blanks pdf Goldhedge. I am currently researching Oregon's signage law as it pertains to easements and right of ways, so when it comes time for an action (which will come) I will at least have some kind of template.
 

GOLDBRIX

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FYI: Notice this is the THIRD "redraft". I would question the soundness of this procedure myself.
 

michael59

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IDK GOLDBRIX, I have tried the just fill in the blanks and went to court before and failed and then had to wing it with the same results. But this will be the first plaintiff foray and I find the list that Goldhedge using as a model of interest as there are some things/aspects that come close to what I might say or complain about. Yeah I'm a whyinnnnnner it would seem when I do this.

But anywhoo I am not defending or agitating, no just in search of..... You know sometimes Ideas just don't catch in my head....kind of like there is a wind tunnel through my ears sometimes.....
 

GOLDBRIX

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Good Luck with your endeavor MikeLIX.
 

Ragnarok

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"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 is, if you can afford it. :(
Good luck, let us know how it goes.
R.
 

michael59

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Gona write a points paper this weekend and post it on the TITLE 18 post I have going. I am not doing this for myself, just researching it for an onry old coot who is a actually a stand up guy. He don't know it but he is the one who has to take it to cause. So he is getting the ground floor show so he don't misspeak. Sad thing is just winning the first rounds will most likely be sufficient as he might not make it after a few years...but this guy, well this guy has more pocket change than a politician makes in a year.

Me, why am I doing it? Cuz I am the same way also. Well, the onry part that is.
 

Goldhedge

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I look at this as a brainstorming session.

Put ideas out there and see what others have to say and think.


The rules are: Negatives are a no, no because they tend to disrupt the creative thinking process.


If anyone learns something all the better. Share your results so we can all learn.


It's an interest of mine....



This letter was made into an apostille on Feb 17 2004 from a letter that was notarized for Arizona State Senator Wayne Stump to Department of public safety Director Ralph Milstead.
[video=youtube_share;BQFpKkIFKP4]http://youtu.be/BQFpKkIFKP4[/video]