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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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Does a statute of limitations exist which would exclude th

Customer Question

does a statute of limitations exist which would exclude th u.s. department of agriculture from asserting an administrative complaint in retaliation against a 42 usc 1983 lawsuit years after now alleged violations of lifestock regulations?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This depends on exactly what the US Dept of Agriculture is doing. Can you please be more specific as to the retaliation action/actions?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Forget it. It looks like the system is a scam. I don't need switched to a phone call for more money when I don't know if you can answer my question, and when I don't fine a place to fill out an answer to a non-exposed, alleged question from you.
Expert:  Ely replied 1 year ago.

Hello,

The phone option is sent to you automatically but is optional. I do not send it; the site does. Like many experts, I opt out of the call, so I would not have been able to make it even if you requested it. I am not sure what you mean by "non-exposed, alleged question" from me. All I did was ask you about what exactly the Dept of Agriculture did, as this is crucial to the answer and may help to determine if a Writ of Mandamus, Administrative Procedure Act, or the Tucker Act would be proper here.

But if you wish to cancel your question, I understand. All the best.

Customer: replied 1 year ago.
I don't see a question from anyone? I will look for the answer myself. Just refund my money off the card.
Expert:  Ely replied 1 year ago.

This was my information request:

This depends on exactly what the US Dept of Agriculture is doing. Can you please be more specific as to the retaliation action/actions?

Anyhow, I've sent customer service your request. Since you are cancelling the question, I cannot really answer it but you may wish to focus on a Writ of Mandamus, Administrative Procedure Act, or the Tucker Act - depending on what exactly happened. Good luck.

Customer: replied 1 year ago.
answer to your question. us dept of ag filed an admin complaint intent to assess fines if no denial answer within 20 days, falsely alleging violation of lifestock laws in 2011 (alleged facts were asserted but not charged). know after filing a civil rights claim against gov. agents personally the dept attempts in retaliation to bring false claims of shipment of cattle without brucellosis test.
Customer: replied 1 year ago.
Is their a statute of limitations on dept of ag. bringing administrative fines complaints action after a certain number of years past the time when the dept. knew of the assertions. Due process timeliness?