+ Reply to Thread
Results 1 to 4 of 4
  1. #1
    william71 is offline Junior Member
    Join Date
    Sep 2008
    Posts
    21

    How do I file a 42 USC 1983

    What is the name of your state (only U.S. law)? Florida

    I'm looking into filing a 42 USC 1983 Civil action lawsuit for damages in the state of Florida but have never filed a suit before. I'm doing this Pro Se and would like to find as much assistance on this matter as I possibly can to get this suit started as quickly as possible.

    If anyone can provide some information on what steps I need to take and what areas of law I need to concentrate on would be greatly appreciated. Is there a 42 USC 1983 available at my local court? I understand this will not be an easy process but I feel a committment to see that justice is sought in this case.
  2. #2
    BOR
    BOR is offline Senior Member
    Join Date
    Sep 2009
    Posts
    1,541
    Quote Originally Posted by william71 View Post
    What is the name of your state (only U.S. law)? Florida

    I'm looking into filing a 42 USC 1983 Civil action lawsuit for damages in the state of Florida but have never filed a suit before. I'm doing this Pro Se and would like to find as much assistance on this matter as I possibly can to get this suit started as quickly as possible.

    If anyone can provide some information on what steps I need to take and what areas of law I need to concentrate on would be greatly appreciated. Is there a 42 USC 1983 available at my local court? I understand this will not be an easy process but I feel a committment to see that justice is sought in this case.
    By "Is there a 42 USC 1983 available at my local court", it is presumed you mean a Form?

    The form of a lawsuit is basic, examples are available on a search engine, just google such + complaint.

    Many Federal District courts have standard forms for Practice and Procedure also.

    It is NOT recommended you proceed Pro Se for a lawsuit, much less a federal one.

    The legal process is quite complex. Are you familiar at all with the Federal Rules of Civil Procedure?

    Although federal case law dictates a Pro Se complainant is to held to a "less stringent" standard of pleading, you just can't type some words on a paper and expect to survive a Motion to Dismiss.

    IF you file in state court, it may be Petitioned to be removed under 1441 of the Judiciary Code. If the nature of the action is federal, the defendant's may attempt to remove it as an Original Jurisdiction claim.

    What would you do then??

    You see the complexities and you have not even drafted it.

    Consult a Civil Rights Attorney for a case evaluation.
    Last edited by BOR; 07-13-2010 at 10:34 AM.
  3. #3
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,672
    Your first step needs to be to an attorney. It is extraordinarily rare for a pro se to win a civil rights lawsuit. (Other than, sometimes, prisoners who have all day, every day, to study and work on them.) Have you even filed a claim yet?
  4. #4
    latigo is offline Senior Member
    Join Date
    Apr 2009
    Posts
    3,697
    Quote Originally Posted by william71 View Post
    I 'm looking into filing a 42 USC 1983 Civil action lawsuit for damages in the state of Florida but have never filed a suit before.
    Why don't you start off by doing something relatively simple; say like finding a cure for cancer or reversing global warming!

    If it were possible, I could send you a copy of a 75 page brief on the arcane subject of civil rights litigation, but you would most likely need an interpreter. There is just a tiny bit more to successfully prosecuting a lawsuit, any lawsuit, besides resorting to boiler plating.

    But if you are so committed, let me suggest that you read and study "BASIC PRINCIPLES OF SECTION 1983 LITIGATION" (176 pages) by Karen M. Blum Professor of Law Suffolk University School of Law Boston, MA

    You’ll find her treatise at [url]www.njd.uscourts.gov/atty/3dCirbasics.pdf[/url]

Similar Threads

  1. 42 § 1983
    By umkemesic in forum Civil Litigation
    Replies: 42
    Last Post: 10-14-2011, 08:55 PM
  2. Statute Of Limitations To File a 42 USC 1983 CA?
    By SL123 in forum Civil Rights & Discrimination Law
    Replies: 11
    Last Post: 03-09-2007, 09:23 PM
  3. 1983 takings
    By rowdy46 in forum US Supreme Court & The Constitution
    Replies: 4
    Last Post: 04-25-2003, 10:42 PM
  4. 1983 Action
    By stipulation in forum US Supreme Court & The Constitution
    Replies: 2
    Last Post: 12-09-2002, 08:23 PM
  5. 42 Usc 1983
    By JohnRedman in forum Civil Litigation
    Replies: 2
    Last Post: 05-19-2002, 09:47 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.