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Re: [tips_and_tricks] Secret Court Trial Duncan, OK

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  • jai mann
    It sounds like you have a conspiracy going on. It may be difficult to prove, but I don t know precisely every thing that has happened. In my research on 42 USC
    Message 1 of 10 , May 24 2:00 PM
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      It sounds like you have a conspiracy going on. It may be difficult to prove, but I don't know precisely every thing that has happened. In my research on 42 USC 1983 causes of action I have come across a number of useful reading materials. I will cite some for you. The primary thing you should concern yourself with at the beginning is listing the facts related to every thing that has happened. You can then determine the applicable statute of limitations for all potential causes of action. Then you can work around that and file as needed.

      Resources:

      http://www.law.cornell.edu/uscode/text/42/chapter-21/subchapter-I
      (familiarize yourself with the material. 1983, 1985, and 1986 may apply to your situation)

      http://www.fjc.gov/public/pdf.nsf/lookup/sect1983.pdf/$file/sect1983.pdf
      (This has been extraordinarily useful in determining the rules and guidelines for what should or should not work in a 1983 lawsuit. I will be filing one next week. I have not done this before but I have spent months studying this subject matter and this pdf has been extremely useful. I suggest printing it out, putting it in a 3 ring binder, high light the chapters that will be useful, then high light subsections that specifically address the scenario's in your case.)

      Be sure to set up some organizational charts to make this whole process easier to conceptualize. I don't know how many players are involved, but in my own case I'm looking at ~19 people (3 judges I may not be able to touch due to absolute immunity, 1 other judge I know I can get) and 3 municipalities (police department, city, and county). It gets overwhelming so make it a point to set up spreadsheets, flowcharts, etc. which you can rely on when you write up your facts and causes of action. Do not make frivolous charges as it creates more work for you and creates a moral boost for the other side when they get it dismissed. Make sure you can point to Federal rights violations and State Constitution & Statute violations.

      Again, be sure to figure out those statutes of limitations for each cause or you could miss critical time windows.

      And be sure to do what you can to rest and relax. I can't describe how high strung I've been for the last 2 years since my own situation started. Your health will suffer if you don't take breaks and get good sleep.

      Best wishes.
    • jai mann
      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
      Message 2 of 10 , May 25 1:23 PM
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        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.
      • John Johnson
        Just a few thoughts about your posts. Judges do not have absolute immunity. If fraud was involved with your case, it is not closed. Look into the statute of
        Message 3 of 10 , May 25 9:28 PM
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          Just a few thoughts about your posts. Judges do not have absolute immunity. If fraud was involved with your case, it is not closed. Look into the statute of limitations on fraud. Also be aware of 18 USC 214,242 "color of law" these actions are criminal. If federal actors are involved 28 USC 1331 "bivens" . If state officials are involved you don't need to file in state first you can go directly to federal court.

          JJ
          ________________________________
          From: jai mann <jai_mann@...>
          To: tips_and_tricks@yahoogroups.com
          Sent: Saturday, May 25, 2013 1:23 PM
          Subject: Re: [tips_and_tricks] Secret Court Trial Duncan, OK



           
          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.
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