Thank you for your reply, George.I originally filed a negligence claim with an imbedded state medical malpractice claim, but this is likely to be dismissed due to my failure to attach a medical affidavit.I need to amend my complaint this week to withdraw the Negligence and Medical Malpractice Claim, and insert a claim based on their fraud.
Have you considered a Motion for Leave to Amend
as a way to correct this error without having the suit dismissed? Just a thought - see FRCP 15 - here
.My question is, what am I charging them with; tortious interference, civil conspiracy with their employee, fraud?
Okay. Now, if one is bringing an action in federal court due to 42 U.S.C. § 1983, then perhaps the following will also be of interest:Title
42 U.S.C., § 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution
or U.S. laws.
So aside from 42 U.S.C. § 1983, you may also have a 42 U.S.C., § 14141 claim as well.My question is, what am I charging them with; tortious interference, civil conspiracy with their employee, fraud?
The § 1983 claim basically acts as a "catch-all" for the above.I need a comprehensive list of potential causes of action, not limited to state claims,
You may be barred from bringing a state cause of action, but this is your matter and you can decide of course - I am here to simply bring general information.STATE
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Lists of torts
for Nevada may be summarized below, although some may or may not be recognized in certain federal courts or certain sub-jurisdictions of Nevada:
-Conversion (intention to deprive)
-Replevin (writ) (no intention to deprive)
-Trespass to Land
-Trespass to Chattel (handling items owned by another without permission)
-Encroachment (some jurisdicions)
-Sworn Account (NV does not)
-Money Had and Received / Assumpsit
-Breach of Fiduciary Duty
-Abuse of Process (constant)
-Conspiracy (2 or more conspire to deprive/deceive of legal rights)
-Intentional Infliction of Emotional Distress
-Negligent Infliction of Emotional Distress
-Invasion of Privacy
(slander/libel; per se)
-Nuisance (public, private)
-Alienation of Affection
The federal list may be found here
I hope this helps and clarifies. Best of luck.
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