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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Im attaching a previous thread for visibility and history. A

Resolved Question:

I'm attaching a previous thread for visibility and history.
A new series of questions appears at the end of this thread.
-----------------------------------------------------
I hired a lawyer to sue a police dept for my wrongful arrest & treatment 1-30-
10. The dispatcher wrongfully reporter to police on duty I had a gun & was going
to kill people. I am 60 year handicapped womwn w heart conditions/surgery. My
daughter had run away, my husband & I went to look for her. The man who picked her up at 3am called the police to say I was coming to his house & he called police. BUT there was no comment by him, I have 911 transcript. A lawsuit was filed in District Court, but a mistake was made by my lawyer and she filed suit only against the 5 police offices, not the dispatcher or the City. The police lawyer moved the case to Federal court and my lawyer dropped me as she said she could not practice in Federal court. I have called around for a new lawyer, but either no lawyer wants to fix the mistakes of my ex lawyer or they have too many cases here in the Seattle area. Too many people are killed ot maimed by police.
ACLU can't help me as they are too busy. I have to try to file my paperwork on
my own "pro se" until I find a new lawyer to bring my suit to tyrial. The police
lawyer is giving me until June 1st to add any name to my lawsuit. The statute of
limitations is 2 years, but since my case is moved to a Federal court, & that
has a 3 year limitation, can I add a tort to my complaint against the City of
Bothell and the dispatcher? I want to know

You have received an Answer!
From XXXXXXX

Tuesday, May 22, 2012 5:12 PM EST
If you add a state statute based tort, the state's statute of limitations will
control.

You replied
Tuesday, May 22, 2012 5:48 PM EST
This doesn't answer my question.
My case was moved out of State court and into Federal court by the police
lawyer. I need to know if I can now follow Federal guidelines and rules and add
a tort against the City of Bothell and the dispatcher, since they were left out
of my orginal suit from my lawyers ignorance.
State statute is 2 years but Federal is 3 years. Since the polce moved it OUT of
the County District court and into Federal, I am trying to undo the damage that
my ex lawyer caused because of her lack of knowledge since she was new in practice. I need to add them to my case here in Washington State

You have received an Answer!
From XXXXXXX

Tuesday, May 22, 2012 6:44 PM EST
The SOL for the claim is based on the underlying claim and that would not change
if the defendant had the case removed t federal court. However, if the claim is
based in federal law then you could add additional parties.

You replied
Monday, May 28, 2012 8:20 PM EST
Thanks again, for the follow-up. I need to make certain I'm asking the right
question in the right manner, so to confirm;
My original case against individual police officers of a local municipality,
[Bothell, WA], has been moved to federal jurisdiction by the defendant(s).
I have since learned that my original attorney neglected to include a Tort
against the City and the police dispatcher in my lawsuit. Only the individual
police officers were named. The SOL for my original lawsuit expired on January
30th, 2012 and I was unable to add the City and the police dispatcher to my
lawsuit.
Now that the suit has been moved to Federal court, does the original two year
SOL still take precedence even though Federal court SOL is three years? I'd very
much like to include in my lawsuit, the city/municipality as well as the on-duty
police dispatcher who contributed to the incident. This is very important to me
to have the right information. I have spent thousands of dollars on my case and
gotten wrong information

You have accepted an Answer!
From XXXXXXX
Monday, May 28, 2012 9:50 PM EST
If the claim is based on a state action then the state SOL would apply. You
should try to add the new defendants and let them raise the defense rather than
abandoning the claim.
-----------------------
NEW QUESTIONS:
I have until 6/1/2012 to file claims against the City and the police
dispatchers. I need to know the process for doing so.

Do I simply file lawsuit paperwork/charges with the court?
Do I need to file lawsuit paperwork/charges with their attorney?
Am I required to have them served/subpoened by process server for the lawsuit?
Submitted: 2 years ago.
Category: Legal
Expert:  TexLaw replied 2 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

I am reviewing your question.

Zachary D. Norris :

Are you there?

Expert:  TexLaw replied 2 years ago.
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Customer: replied 2 years ago.
Hello, I'm here. What info can I give you? I will need WA state and Federal law info, Thanks, Linda
Expert:  TexLaw replied 2 years ago.
My understanding is that you want to add the City and the Police Dispatchers as parties to the lawsuit you have in federal court. I say this, because if you want to sue them for the same underlying transaction, you need to do that in the suit that is already going on in federal court.

In order to do that, you need to take the "Complaint" and add their names in as parties and state specifically what they did that was illegal and caused you damages. You need to cite the specific laws on which you are basing your claim. You also need to list where the City and the Dispatchers live and how they may be served.

Service on the City can take place at City Hall. However, the dispatcher can be served at their regular place of business. You have to put this into the complaint.

You call the new document with the above-stated additions the "Amended Complaint".

Then you file the Amended Complaint with the U.S. District Court clerk.
At that point, you must ask the clerk to issue two citations. This costs money, so be prepared to pay the fees. You must then hire a "process server" to take the citations and serve them on the new defendants. This all has to take place before the end of June 1, 2012, otherwise, you have missed the deadline.

Call the Police Department's attorney and ask if he/she will accept service on behalf of the City and of the Dispatcher. If they say yes, then you need to have them confirm this in writing, and then you need to file that writing with the Court when you are filing your Amended Petition. If the attorney will accept service, you can skip getting a citation issued and hiring the process server.

Please let me know if you need further information.

Best of Luck,
Zachary D. Norris
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4213
Experience: Lead trial/International commercial attorney licensed 11 yrs
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TexLaw
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Lead trial/International commercial attorney licensed 11 yrs