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Topic: Does Assumption of Duty only apply to physical harm?

Created on: 09/15/21 04:04 PM

Replies: 7

SAMUEL14


Joined: 09/10/21

Posts: 4

Does Assumption of Duty only apply to physical harm?
09/15/21 4:04 PM

I'm pursuing an ADA & 1983/14th Amendment case and may add Assumption of Duty if it can apply to harms other than physical. I was a defendant in a county municipal trial and requested ADA accommodations thru the ADA Coordinator. This person didn't exist at the time of my arraignment, but was eventually hired 4 months later. this person received my initial contact on a Friday. On Monday I contacted this person as I had a hearing the next day that depended on my receiving an accommodation. I had refused to participate in hearings until this process was available and then accomplished. The newly hired ADA Coordinator was on vacation and had simply sent my initial contact to the prosecutor and informed me that they would provide me with everything I "deserved". The hearing happened without my participation. The trial happened the next week with very poor results. I stated that I was participating in the trial under duress verbally and in writing. I would like to add an Assumption of Duty charge to my Federal Civil case. Can this work?

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Does Assumption of Duty only apply to physical harm?
09/15/21 4:14 PM

ask the judge for permission to amend

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SAMUEL14


Joined: 09/10/21

Posts: 4

RE: Does Assumption of Duty only apply to physical harm?
09/16/21 9:39 AM

I have, but can a use Assumption of Duty in this case. The harm was to my emotional health and ability to obtain secured right under the 14th Amendment and ADA.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Does Assumption of Duty only apply to physical harm?
09/16/21 10:05 AM

" The hearing happened without my participation. The trial happened the next week with very poor results."
why would you not participate in a trial you initiated?
ignoring it doesn't seem the right thing to do.

"This person didn't exist at the time of my arraignment"
when your sueing your not suing the state your suing a individual, so this new person doesn't seem to have anything to do with the case..


you should look into monel cases.. suing the town for improper training

you were arranged so the details of that are important

if this is about a mask vax mandate ..i made some notes on a lign of question to have it thrown out of court if your interested in talking about it

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Does Assumption of Duty only apply to physical harm?
09/16/21 10:09 AM

assumption of duty seem to be a about responsibility in a job.
so you question sound like this to me..
"Does Assumption of Duty only apply to physical harm?"
is it their responsibility to harm you if their boss got fired and it was thier job to harm you..

very odd wording i definitely dont understand what you actually trying to say

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SAMUEL14


Joined: 09/10/21

Posts: 4

RE: Does Assumption of Duty only apply to physical harm?
09/16/21 10:23 AM

As I read the description and elements it seemed to be only about causing physical harm. I was not physically harmed by the county official, but I was emotionally harmed and my ability to defend myself was harmed. Can I use Assumption of Duty for these "harms"?

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SAMUEL14


Joined: 09/10/21

Posts: 4

RE: Does Assumption of Duty only apply to physical harm?
09/16/21 3:10 PM

The court case that I am suing over was one in which I was the defendant. I was denied my ADA rights and had other violations against me during the trial process. I want to use Assumption of Duty as one of my counts.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Does Assumption of Duty only apply to physical harm?
09/16/21 3:23 PM

ahhh
forgive me for not understanding the details and having a full grasp

it sounds like you need to appeal

ive not taken the video or audio courses yet so i dont know anything about assumption of duty but i know case law for civil rights well
and gerullia law tactics that will shut em down

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