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American Justice Studies Institute - School of Law
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Cody
Joined: 08 Jan 2007
Posts: 88
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 Posted: Tue Jan 09, 2007 1:52 pm Post subject: Title 42 USC... |
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Title 42 is a great place to research and learn from. I like to start around section 1980. Good luck.... Let me know what you find.
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scooterdog
Joined: 29 Jul 2006
Posts: 151
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| Posted: Tue Jan 09, 2007 4:36 pm Post subject: |
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| I have a sixty one page complaint lol, from Florida. I wish it wasn't so long, so I could post it. Some of it would be helpful. Covers all kinds of stuff! |
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Cody
Joined: 08 Jan 2007
Posts: 88
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| Posted: Wed Jan 10, 2007 8:44 am Post subject: |
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TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983
| Quote: | § 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. |
_________________
Nothing intended as legal advice.
Hire a lawyer to help you.
Nothing posted applicable to anyone but me.
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Last edited by Cody on Mon Jan 15, 2007 5:02 pm; edited 1 time in total |
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scooterdog
Joined: 29 Jul 2006
Posts: 151
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| Posted: Wed Jan 10, 2007 5:26 pm Post subject: |
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Cody,
I have the Emanuel's "Constitutional law, and Civil Law" in PDF, we need to post this somehow.
Very good examples of cases. I also have around six pages of case law to beat down dismisal as pro se/pro per. I know yo don't like the terms, but you could taylor them to a case.
I would love to post these cases, to avoid dismissal!! (in any case, not just cody's) |
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Cody
Joined: 08 Jan 2007
Posts: 88
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| Posted: Mon Jan 15, 2007 7:15 pm Post subject: |
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| scooterdog wrote: | Cody,
I have the Emanuel's "Constitutional law, and Civil Law" in PDF, we need to post this somehow.
Very good examples of cases. I also have around six pages of case law to beat down dismisal as pro se/pro per. I know yo don't like the terms, but you could taylor them to a case.
I would love to post these cases, to avoid dismissal!! (in any case, not just cody's) |
I have to see them first. I will definitely talk to you about them!
_________________
Nothing intended as legal advice.
Hire a lawyer to help you.
Nothing posted applicable to anyone but me.
Not for hire.
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scooterdog
Joined: 29 Jul 2006
Posts: 151
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| Posted: Tue Jan 16, 2007 3:29 pm Post subject: |
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Civil action for deprivation of rights: This section making
any person who, under color of state law, deprives U.S. citizens of
his constitutional rights liable to party injured is to be
construed liberally. (Civil Rights) Nanez v. Rigger, DC. Wis.
1969, 304 F.Sup. 354.
A complaint may not be dismissed on motion if it states some
sort of claim, baseless though it may prove to be and
inartistically as the complaint may be drawn. This is particularly
true where the plaintiff is not represented by counsel. (Civil
Rights) Brooks v. Pennsylvania R. Co., 91 F.Sup. 101 (DC SD NY,
1950).
Generally, this section further protects civil
action for deprivation of rights protects constitutional rights
from invasion by persons acting under state or federal authority.
(Civil Rights) Weise v. Reisner, DC Wis. 1970, 318 F.Sup. 580,
quoted from U.S.C.A. 1972 pocketpart, P. 40 Title 42, Sec. 1983,
Note Paragraph 8.
"Government immunity violates the common law maxim that
everyone shall have a remedy for an injury done to his person or
property." (Civil Rights) (Firemens Ins Co of Newark, N.J. vs
Washington County. 2 Wisc 2d 214; 85 N.W.2d 840 1957.)
"Employees of a city or state are not immune from suit under
statute relating civil rights for deprivations of rights on ground
that officials were acting within the scope of their ground that
officials were acting within the scope of their responsibilities of
performing a discretionary act." (Bunch vs Barnett 376 F.Sup. 23.) |
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