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42 Usc 1983

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J

JohnRedman

Guest
I am suing the State of Connecticut. While I was paying child support, the state double dipped into my federal pension check for 5 months, two years in a row WITHOUT ever notifying me the required 60 days in advance in order for me to protest the action. They notified me three months after the fact in the second year. I sued them under 42 USC 1983. They clearly broke the law but claim that I was not "damaged" (since they were going to eventually get all the money anyway, I guess). I need cases to cite that award damages under this statute. Trial was held the other day and I have till 14 July to brief the law.
 


I AM ALWAYS LIABLE

Senior Member
JohnRedman said:
I am suing the State of Connecticut. While I was paying child support, the state double dipped into my federal pension check for 5 months, two years in a row WITHOUT ever notifying me the required 60 days in advance in order for me to protest the action. They notified me three months after the fact in the second year. I sued them under 42 USC 1983. They clearly broke the law but claim that I was not "damaged" (since they were going to eventually get all the money anyway, I guess). I need cases to cite that award damages under this statute. Trial was held the other day and I have till 14 July to brief the law.
My response:

Referencing your political comment about President Clinton, I happen to very much enjoy him and believe he was the best 2-term President this country has seen since 4-term President, President Roosevelt.

Our current Present, President Bush, I predict, will be a single term President, just like his father.

IAAL
 

vrzirn

Senior Member
Since you are clever enough to take on the entire state by yourself, you know where to look. Head for the law library and start your research. The librarian will point you to the correct section.
Bring lots of quarters for the copying machine. It may be that no one ever challenged that law and you will not find anything to cite.
The money actually went to your child. I would think the only damages, aside from inconvenience, would be that they might owe you interest.
Let us know how this plays out.
 

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