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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100009
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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How do I sue the state of ********* 1.constitutionsl rights

Customer Question

How do I sue the state of *********
1.constitutionsl rights violated
2. 4th
3. 8th
4. 14th
5. Battery on me
6. Violation of hospital rights
7. Accident investigation
8 sue Progressive
Submitted: 1 month ago.
Category: Legal
Expert:  Ely replied 1 month 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.

I am sorry to hear about this situation. Can you please clarify what exactly you wish to know? For example:

1) How to file a petition?

2) What notice one must give?

3) What kind of liability protection does a state office have?

Etc.

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 month ago.
File a petition what notice one must give and too who? NM is very hush hush for Help
Expert:  Ely replied 1 month ago.

I see. Is there any way you can tell me then more about what happened (without using names or other identifying factors)?

Customer: replied 1 month ago.
I was beat up by the ********* Police Department one officer who I put three complaints on that I was involved in an accident I was hit from behind
And the officer that came out with the same officer.
Customer: replied 1 month ago.
Let me rephrase this
Expert:  Ely replied 1 month ago.

Beat up why? Was this during an arrest? What for? If so, were you convicted? What is the background situation? How long ago did this happen?

Customer: replied 1 month ago.
I put in three complaints against a police officer for harassment misconduct overstepping his authority. I went to the police station I spoke to an officer higher up I was there with my family and this officer told me after everything that he will stand behind his team and I said OK that I just want you to know you're not up of the law neither is your team. After that I was being followed the detectives watching my house and my fathers house I was involved in an accident and the officer that showed up was the same up there I put three complaints on. I was hit from behind the lady tried to swerve but hit the driver side of my vehicle I was making a right-hand turn well the officer that came out Saw me he asked me to get out the car I said OK I said you shouldn't be here you should call another officer he saidI smell alcohol on you and wanted of my registrationInsurance and license. When I proceeded to the passenger side of my vehicle I reach Dan he was right on top of me and then he grabbed me and pulled me out of the car slamming my passenger door shutmy back was to him he slammed me against my car door he took my phone there on the floor and smashed it beat me up
Customer: replied 1 month ago.
My father showed up because he was going down the same street and I was helping him at work that day and he told the officer no my son has not been drinking and then my father look at me thought that I was beat up and told the officer look at him he can't be out in the sun it's 110° out go get him because he's falling over so the officer put me in the police car and the car was running and he rolled up the windows and turn the air-conditioning off for one hour and a half
Customer: replied 1 month ago.
I was charged with aggravated battery because he had a small cut on his lip evidently my dad said he never saw it
Customer: replied 1 month ago.
two counts of resisting arrest
Customer: replied 1 month ago.
I have a criminal attorney and the Attorney called me that said I better find a civil lawsuit attorney no one wants to help me I don't know what it is but The PD department and the ******* detention Center
Customer: replied 1 month ago.
The FBI was involved not in my case but three months ago and said that if you have any correspondence of mistcnduct to notify them and not the PD
Customer: replied 1 month ago.
I was violated my rights at the hospital to take blood or urine test I was violated the hospital to take x-rays and then once I got to the detention center the officer they're said I don't know I have to do this but I have to strip search you
Customer: replied 1 month ago.
No I have not been convicted this happen June 27, 2016 and we continue to wait for discovery but they haven't sent any
Customer: replied 1 month ago.
Oh yes the motor motor vehicle department convicted me of a DWI aggravated I don't think that was fair in anyway and the officer needs to stand trial. I am from California I was visiting at the time but after the judge saw me he said that I was the flight risk and a danger to society I said OK so I was not allowed to leave.
Expert:  Ely replied 1 month ago.

Okay. Well, without discussing the merits of the case, I can say:

1) The service of process on a case is to be to the NM Attorney General. The office accepts summons, complaints, and other legal documents alleging civil causes of action against the state, a state agency, or a state official or employee acting in an official capacity. Service must be made pursuant to the Rules of Civil Procedure upon:

Office of the Attorney General
Litigation Division
Galisteo Street
Santa Fe, NM 87504

2) One must file a notice claim against the state agency one wishes to sue within 90 days. See HERE. It is vitally important to do so, because missing that deadline can stop the suit before it even begins. The written notice must state the time, place, and events that occurred. NMSA 1987 Stat 41-4-16.

3) State agencies enjoy a very high level of immunity under the NM Tort Claims Act, and one must prove that the actions went below the standards of reasonable care, and possibly were grossly negligent and/or malicious. See HERE and review this carefully, especially part III (immunizes) and on.

4) Every complaint must be drafted from scratch, so this would have to be done by you or your attorney. You can likely find a number of complaints in the local law library.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 month ago.
Well then I guess I don't have a case because two attorneys failed to tell me there was a limit or statue limitation anytime you have now only have a Well then I guess I don't have a case because two attorneys failed to tell me there was A statue limitations so I guess that's it then there there's no other way
Expert:  Ely replied 1 month ago.
Well then I guess I don't have a case because two attorneys failed to tell me there was a limit or statue limitation anytime you have now only have a Well then I guess I don't have a case because two attorneys failed to tell me there was A statue limitations so I guess that's it then there there's no other way
Well, I would first talk to an attorney face to face before dismissing the matter all-together. There are exceptions to the 90 day notice, and these and other nuances may be helpful in your case.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 1 month ago.
How does one get in touch with advocates
Expert:  Ely replied 1 month ago.
May I recommend the NM Bar referral program -(###) ###-####or 1-***-***-****. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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