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How do I file a 42 USC 1983

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william71

Junior Member
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.
 


BOR

Senior Member
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.
 
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tranquility

Senior Member
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?
 

latigo

Senior Member
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 www.njd.uscourts.gov/atty/3dCirbasics.pdf
 

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