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Topic: Civil Case _ Title 42 sec 1983

Created on: 08/03/19 02:10 PM

Replies: 43

SUZANNE7


Joined: 05/14/19

Posts: 17

RE: Civil Case _ Title 42 sec 1983
01/12/20 2:25 AM

Did they show a certificate of service, were you served? If not, it's not a complaint.
I'm not sure but sounds like if they didn't serve you you can file a motion to dismiss for failure of proper service...
and if it's a true "complaint" it has to cite a cause of action and address the elements of that cause of action and ask for damages, specific damages, it can't just allude to a complaint.

Which cause of action were they using? Breach of Contract? Did they show the contract, the breach and the damages? Etc.

Motion to dismiss for lack of service and failure to state damages. And note that it's too late for them to amend their complaint, if that is what it was. Perhaps ask the court for some leeway in your late recognition of the fault since you're a pro se (but I assume they have a lawyer!).
* Last updated by: SUZANNE7 on 1/12/2020 @ 2:26 AM *

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
01/12/20 3:07 AM

Ha, no Suzanne7.
I filed the complaint, they answered the complaint. In the answer they subtly asked the judge (in the last paragraph) to side in their favor and award them attny fees and court costs.

as time has gone on they have been getting more aggressive with that...now I'm wondering if that is a legitimate counter claim or what... if it is then shouldn't they have filed a counter claim?

example : My case is labeled Sanem V Doe ...my complaint shows my name suing defendants..

If they want court costs and attny fees shouldn't they have filed a cross claim saying Sanem v Doe with Doe defendants v Sanem for attny fees and court costs?

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SUZANNE7


Joined: 05/14/19

Posts: 17

RE: Civil Case _ Title 42 sec 1983
01/12/20 3:23 AM

Well of course if you sue and they don't counterclaim it's just plaintiff v. defendant without a new complaint (whereby you'd be defendant)...so of course they could prevail.

Your job is to assert that you made a complaint with a cause of action and you've proven with admissible evidence all of the elements, then you should win.
They can't win unless they show you did not prove your elements with admissible evidence. But unless you assert, they may write the Order and the judge may get confused, be tired, overworked, forgetful, and just sign it.

Write your own Order and assert that you have proven your elements with the evidence. I think you have to provide said order to clerk and opposition as well as the judge's secretary.

You could also file a motion for summary judgment.
The point is if you do nothing and let them assert, you'll lose, be proactive, file motions and set to hearing. But I'm just a pro se student.

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
02/03/20 12:29 AM

I'm wondering something .... for a law to be Constitutional, shouldn't it be deemed so by SCOTUS ??

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
03/09/20 1:55 PM

Well, the magistrate filed a Finding & recommendations to the judge on 1_29_20 , I filed a Judicial Cognizance & Response to F & R on 2_19_20 ... I havn't heard anything since then ... would they be waiting for me to do something ? Don't know what is going on. Does the Judge have a time limit to do the order ? remember I'm in Federal Court.

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
03/20/20 2:10 AM

What is a Findings and Recommendations classified as ? a motion, a notice , or what?

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
03/31/20 5:42 PM

.... Well, I just got the Order from the Judge. They sided in favor of the defendants ... I lost. Don't know what to do now. Wish there would have been alot more help here. All my claims were ignored and defenses statements were recognized. Dont see any light at the end of the tunnel unless some one shows me where its at. Three years of my life fighting this crap, the depression is going to hit full force. God Damn it.

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TULLY1


Joined: 07/27/19

Posts: 29

RE: Civil Case _ Title 42 sec 1983
04/14/20 4:55 AM

How would I check to see if there were any Bid Bonds put into the court with out me knowing ???

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