I have read that a notification of intent to bring court action is required before suing a state govt, or govt agency, in federal court. As of yet, I've been unable to find ANY references anywhere, as to a specific number of weeks or months of prior notice.

I've tried to find the information in the Jurisdictionary course, in the state statutes (Tennessee), and in state and federal rules of civil procedure. I've even called the Tenn Bar Assoc, that was the least helpful. I've obviously either overlooked it, somehow, or don't know best where to look.

Does anyone have any idea WHERE a source or reference might be to find this information?
* Last updated by: EDDIE1 on 12/27/2013 @ 8:14 PM *

For example: prior to filing a (FTCA) Federal Tort Claims Act complaint in federal court, there is a prerequisite procedure such as filing Administrative Claim SF95.

It depends on the type of claim you are pursuing ... perhaps you might need to identify the type of claim and research the needed prerequisites before bringing it to federal district court. They all have different preliminary elements.

Start with Federal Rules of Civil Procedure & from there you might me directed to the federal codes ... etc.

hope this helps.

My action is to be filed against a STATE agency and employees, in FEDERAL district court. I'm filing a Sect. 1983 action against state actors, acting under the color of state law, who have committed numerous Constitutional violations and and of state and federal statutes. At least those are my claims, and I feel they're more than well founded. I've researched the laws for months, state and federal, and read countless case laws, manuals, and publications.

From my research, I've learned my case, supposedly, does NOT require administrative exhaustion, and does not apply in my particular situation. I'm also aware of the nuances of statutes of limitations, tolling, etc.

Yet, I've somehow missed details of required notification periods on govt actions. IS there a notice required BEFORE filing or not? If so, how long? Any ideas where to look? Thanks for ANY help!

Well, have you tried the federal district court pro se office they are a good resource.

http://law.onecle.com/new-york/estates-powers-trusts/index.html

Try that link ... on the (LEFT) is a complete listing of federal & ALL state laws & codes & ordinances ... etc.

It sounds like you are referencing 42 USC Section 1983 Civil action for deprivation of rights ...
Understand the "EXCEPT" wordage.

There are a bunch of case laws associated with 42 USC 1983 in that link.

Keep in mind that each state has different requirements.
What state are you in? Don't worry about other states.

If you don't find any prerequisite filing instructions then call the fed. Dis. court pro se office just to be sure .... and file.

hope this helps.

Another option is to Google your question:
"prerequisite for filing section 1983"

There are a ton of links which you might find helpful.
One in particular addresses the filing procedure without a lawyer ... that would be you as pro se. But be very careful as this packet is for the state of Utah. Work with your state only! Also, keep in mind that Section 1988 may also apply to your case.

[PDF]
Information for filing a civil rights complaint under - District of Utah
www.utd.uscourts.gov/forms/civilrt_guide.pdf?

Sep 9, 2010 - This information packet is designed to help you file a civil rights ... which a civil rights claim arises is 42 U.S.C. sections 1983 and 1985. (U.S.C. ...

Filing in federal court is very complex because you have to follow fed. rules of civil procedure along with the local rules of civil procedure and your state laws ...
Best Wishes!

I really do appreciate ANY and ALL assistance and/or suggestions you've passed on to me in your posts. And, I do apologize for not having replied back yet, as I've been so intensely working on this case for over a year now.

As I mentioned in my original post I'm in Tennessee, but more specifically, the eastern district, the Greeneville division. I've just now gotten to read your posts, and although I have researched a mind-numbing number of manuals and links, I can't say for sure, by this point, whether I've perused the links and suggestions you've offered, but I will surely do it NOW, as I cannot leave any stones unturned.

I have copies of, and have searched in, my district federal rules of CP, and state and federal statutes, including the fed Sect 1983, and found much info on deadlines and time frames, yet NONE are the notification I mentioned. In fact, I've NEVER seen the mention of ANY REQUIRED notifications in official rules or manuals, EVER! I have only read ONCE that is was a requirement, and that was on some type legal info site.

Actually my wife has just at this very moment reminded me it's called a "letter of intent to sue," if that helps narrow the scope any.

I have a number of manuals, including a Federal Pro Se manual, a Federal Legal Aid Manual for Attorneys Filing Federal Actions, which goes into great detail and length re: Bivens actions, and 42 Sect. 1983, and other writings too numerous to mention here now.

Again, I do greatly thank you for your help, and I must now go to bed. It's 4:49 am! Thanks again!

here's a very interesting bit of info which may be of interest to you:

Federal Civil Rights Claims | The Maryland People's Law Library
www.peoples-law.org › Other Legal Issues › Civil Rights?
Understanding Legal Research · Research Guides · Evaluating Legal Websites ... Section 1983 does not allow for you to sue federal officials or private persons. ... One common type of 1983 case is a suit for damages resulting from the use of ... For example, judges who are sued under 42 U.S.C. § 1983 are completely ... you:

RE: "letter of intent to sue"

if you google just this phrase there is a ton of stuff on the topic. Here is one such reference:

"Notice of Intent to Sue Letter | Reference.com Answers
www.reference.com/motif/business/notice-of-intent-to-sue-letter?
You should write and intent to sue letter as a last option before going to court. It also should only be used when the written and verbal contact has failed."

this may be a general definition ... you might want to check with your jurisdiction if it applies to your case in your state. The above definition appears to read:
"only used when the written & verbal contact has failed."

Did you have written or verbal contact to resolve your matter?

Does your jurisdiction provide ADR (Alternative Dispute Resolution) prior to filing or after you file?

Call your jurisdiction pro se office and ask.

Best Wishes!

RE: "letter of intent to sue"

if you google just this phrase there is a ton of stuff on the topic. Here is one such reference:

"Notice of Intent to Sue Letter | Reference.com Answers
www.reference.com/motif/business/notice-of-intent-to-sue-letter?
You should write and intent to sue letter as a last option before going to court. It also should only be used when the written and verbal contact has failed."

this may be a general definition ... you might want to check with your jurisdiction if it applies to your case in your state. The above definition appears to read:
"only used when the written & verbal contact has failed."

Did you have written or verbal contact to resolve your matter?

Does your jurisdiction provide ADR (Alternative Dispute Resolution) prior to filing or after you file?

Call your jurisdiction pro se office and ask.

Best Wishes!