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Joseph, Lawyer
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In which court should I file a fourth amendment civil rights

Resolved Question:

In which court should I file a fourth amendment civil rights complaint in michigan? I believe the federal statute of limitations is 2 years and I am beyond that - - I believe Michigan has a 3 year statute of limitations.
Submitted: 9 months ago.
Category: Legal
Expert:  Joseph replied 9 months ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

There is actually no set federal statute of limitations for civil rights violations (actions under 42 U.S.C. Section 1983).

See here:

http://www.constitution.org/brief/forsythe_42-1983.htm

Instead the most applicable statute of limitations for the state is used. In the case of a violation of Fourth Amendment Rights, that statute of limitations if for personal injury in Michigan, which is three years.

See here:

http://www.legislature.mi.gov/(S(nhlubb45ts1vwzmtfejjuy45))/mileg.aspx?page=getObject&objectName=mcl-600-5805


The Federal Court would use the state statute of limitations. You need to file the case in federal court, since there is qualified immunity for local, county, and state police in state court. Additionally, since your cause of action arises under federal law, the federal courts have the primary authority to enforce federal law.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 9 months ago.


The violations took place in Wayne County, Michigan - - Detroit is in Wayne County - - what federal court should I file in?

Expert:  Joseph replied 9 months ago.
You'd file in the United States District Court for the Eastern District of Michigan, which is located in Detroit:

http://www.mied.uscourts.gov/
Customer: replied 9 months ago.

The incident happened 10/8/10 at 4pm if I get it filed sometime Tuesday 10/8/13 will that satisfy the statute of limitations requirement?


Do you think I can file it electronically from California?


 

Expert:  Joseph replied 9 months ago.
Yes, if you get it filed within 3 years then that would satisfy the statute of limitations.

They do have electronic filing.

You can read more about it here:

http://www.mied.uscourts.gov/CMECF/Policies/policies_procedures.pdf

You should be able to file your case from California then.
Customer: replied 9 months ago.


Can your case be rejected by the court for minor technical formatting or protocol issues?

Expert:  Joseph replied 9 months ago.
Potentially it could be rejected for formatting or protocol issues. But they normally need to be severe issues rather than minor ones.
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4821
Experience: Attorney with significant and substantial experience in multiple areas of law.
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