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Marsha411JD
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17270
Experience:  Licensed Atty, 28 yrs exp in the practice of law.
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I need information regarding tort claim act/Goveernment tort

Resolved Question:

I need information regarding tort claim act/Goveernment tort liability. Can you help?

Also I need formms to filel.

Ruth Crumley
Submitted: 1 year ago.
Category: Legal
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question. Can you tell me what it is you need to know about the Federal Tort Claim Act and some brief background? I also understand you want a link to the form, which I can do for you. But if you have another question, please ask it.
Customer: replied 1 year ago.
I am requesting for my son who want to file against a judge
Expert:  Marsha411JD replied 1 year ago.
So, do you only need a link to the forms or what?
Customer: replied 1 year ago.
I am not sure what you need. I do need forms.
Customer: replied 1 year ago.
That would be a good place t start
Expert:  Marsha411JD replied 1 year ago.
Alright Ruth, well I can give you a link to the forms but if you need other information, then I need the rest of my information request answered. In particular the background facts. In any event, if this is a Federal judge, he can file a FTCA claim if he is alleging that judge acted negligently or wrongfully (criminally) in their action against your son. However, if this is an issue of something that happened at trial and the judge was not negligent or criminal in their action, then this is not an issue that can be handled by the Federal Tort Claim Act, but instead must be handled by his attorney in the criminal appeal process.

In any event, you can see the Form (Standard Form 95) by going to: http://www.justice.gov/civil/docs_forms/SF-95.pdf

Please let me know if you have any related follow up questions. I would be glad to assist you further if I can. Please also keep in mind that I don't know what you don't tell me, so if you need more information, I will need background information to go with it.
Customer: replied 1 year ago.
I am noto sure I can answer, He was denied a witness that he requested and the Judges denid his appeal, which was not even considered.
Expert:  Marsha411JD replied 1 year ago.
Well in that case, if the case goes against him, he will need for his attorney to file an appeal with the appellate court and cite the witness denial as a reason for the appeal. That though would not be a Federal Tort Claim issue, but instead a regular litigation issue that is handled with appeals to higher courts when the time is right. His attorney can explain that to him. If he doesn't have one, he can sit down with one for a consultation to go over the issues, even if he doesn't ultimately hire them to represent him.
Customer: replied 1 year ago.
He has no attorney and no means to get one. He is incarcerated and is filing his own claim. I know what is said about being your attorney. However, that is what he has to do and any infornation that you could give regarding forms to file a claim with the State of Florida would be helpful.
Expert:  Marsha411JD replied 1 year ago.
Thank you for your reply. Unfortunately, this Site, of which I am a User like you, does not allow me to provide legal advice, since I cannot form an attorney-client relationship with you or your son. I couldn't begin to assist him with an appeal anyway, even if they would allow it, without knowing all of the facts and having his file in front of me. If he has no money for an appeal, he can still qualify for free legal assistance with his appeal through the public defender system. If he was tried in State court, then he will need to contact the public defender in the county where he was tried. They can get him to the right attorney. He can find that list at: http://www.flpda.org/wordpress/public-defenders/

If he was tried in Federal Court, then he needs to contact the Federal Public Defender's Office for the District he was tried in.
Customer: replied 1 year ago.
what I need is forms to file a tort claim in the State of Florida. He doesn't want a Public Defender (that is what got him where he is). All I am lookking for at this time is forms with instructions to file.
Expert:  Marsha411JD replied 1 year ago.
Alright, well I gave you the only "tort" form that there is. This is the link again: http://www.justice.gov/civil/docs_forms/SF-95.pdf
The form is self explanatory
Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 17270
Experience: Licensed Atty, 28 yrs exp in the practice of law.
Marsha411JD and 4 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
I think that what you gave me was for a Federal claim. I need a form to file with the State of Florida
Expert:  Marsha411JD replied 1 year ago.
There is no form in Florida. It is a law suit that must be filed with petitions, etc. As I mentioned before though, this is not a tort claim act issue, but is instead something that must be appealed through the criminal justice system. I gave you the links to the Florida Public Defender Offices who can help your son find an pro bono attorney to file an appeal for him. That though is all I can do. Unfortunately, I can't provide you with something that doesn't exist.

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