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failure to state a claim

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markbys

Junior Member
What is the name of your state? PA I recently filed a lawsuit in federal court against the county that violated my civil rights. The representing attorney for the defense responded with a failure to state a claim, one being I have to name a specific municipal policymaker in my complaint, and also no facts regarding a municipal policy or custom which i have in my claim. My question how do i find who the policymaker is and is it relevant?
 


Taxing Matters

Overtaxed Member
When you sue in federal court, you have to put in your complaint the basis for the court's authority to hear the case (known as subject matter jurisdiction) and you have to put in the complaint a set of facts that, if proven true, would give rise to a recognized legal claim. You have not said what exactly it is that county did that violated your federal civil rights (you cannot sue a state/local government in federal court for a violation of state or local law). Without knowing what it is that county did that you allege violated your civil rights, I cannot say if it would be necessary to name the policy maker. However, if you are alleging that a certain county policy violates your rights you certainly have to include facts that show that the county in fact had such a policy. Who the policy maker would be depends on what policy this is and how that county is organized, which of course I don't know as you did not specify the county or the policy at issue.

Suing in federal court is not easy for someone unfamiliar with the federal rules of civil procedure, federal rules of evidence, and federal law, all of which are important to a federal lawsuit. The rules can get complex, especially when suing a government entity. You ought to consider getting a lawyer experienced in civil litigation in federal court to make sure you get it right. Depending on exactly what your claim is, you may be allowed to get your attorney's fees included in the judgment if you win and/or you may get an attorney to handle it on a contingent fee basis (which means the fee is a percentage of what the attorney recovers for you).
 

Just Blue

Senior Member
What is the name of your state? PA I recently filed a lawsuit in federal court against the county that violated my civil rights. The representing attorney for the defense responded with a failure to state a claim, one being I have to name a specific municipal policymaker in my complaint, and also no facts regarding a municipal policy or custom which i have in my claim. My question how do i find who the policymaker is and is it relevant?
Do you have an attorney?


PxHx....
 

markbys

Junior Member
It does when you never touched the female and the county violates your rights without any dna evidence, due process,service of process just my name.
 
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FlyingRon

Senior Member
What FEDERAL civil rights were violated? Be specific.
In most cases, civil rights are always federal (barring a few states that have more liberal rights than the federal ones) as federal anti-discrimination laws are pretty sweeping. Depending on the situation, federal court may be the only appropriate venue.
 

Litigator22

Active Member
Even though you haven't said so there is an inference in the thread that your Section 1983 lawsuit maybe vengefully motivated. That is, to collaterally counter and/or in retaliation because of the adverse results of recent domestic litigation.

Whether true or not you would be well advised to become acquainted with Rule 11 of the Federal Rules of Civil Procedure "Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions".
 

markbys

Junior Member
Even though you haven't said so there is an inference in the thread that your Section 1983 lawsuit maybe vengefully motivated. That is, to collaterally counter and/or in retaliation because of the adverse results of recent domestic litigation.

Whether true or not you would be well advised to become acquainted with Rule 11 of the Federal Rules of Civil Procedure "Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions".
Correct I have all lower court rules of civil procedure and now pretty much the fed rules now also, much more hassle for non attorneys.
 
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