19424Re: [tips_and_tricks] Secret Court Trial Duncan, OK
- May 25, 2013
I would also look into the statute of limitations for filing a claim against government agencies at the state level. If you are within the time frame for doing so, I would consider doing it, and then when the agency undoubtedly rejects the claim, you may likely extend the statute of limitations for filing against them in court at the state level. That's how things work in California. You'll have to check your government statutory code. If you can't find it, tell me, I can spare a few minutes to locate it.
Now in my case, I missed one of the final filing dates for one of the agencies that I'm going after. I had already filed a claim and it was rejected. I had 6 months to file in state court, but I only planned on filing in federal court because the state courts are involved in a RICO type of patterns with the one sheriff's agency. From what I have read you can have BOTH a 1983 claim against said agencies, AND the state level jurisdiction under their government tort claims; however, rather than having the same agencies your litigating against rule upon their own situation, you can invoke federal powers to hear state matters in conjunction with the federal claims (Here's a copy of the jurisdiction invocation from my own federal claim I'm working on: "
Plaintiff further invokes supplemental jurisdiction of this Court pursuant to 28 USC §1367(a) to hear and decide claims arising under State law.")
This allows you to attack their actions under state law but through the federal court, which should help to get around the possibility of state courts protecting themselves, or other agencies like the police, when they are intimately tied together in criminal actions.
I hate that I missed the boat to use the 28 USC 1367(a) against the one agency I'm litigating against, but I still have the 42 USC1983 to use against them, and the other agency I'm litigating against will get hit with actions under both codes.
So this gets back to the statute of limitations...figure out when your causes of action first occurred and nail down the statute of limitations for actions under 28 USC 1367(a) AND 42 USC1983. Nail them with every thing you can. That's the best way to punish these people for violating their oath of office and for engaging in criminal conduct.
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