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TexLaw, Attorney
Category: Personal Injury Law
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Experience:  Lead Personal Injury Trial Lawyer
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Hello, in a federal lawsuit thats been ongoing for a year,

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Hello, in a federal lawsuit thats been ongoing for a year, i am sending in an amended complaint. I have found a few government entities that are new defendants, but i know i have to wait 60 days after serving them to include them in the lawsuit. However during discovery I am claiming that one of the defendants already in the lawsuit for a year was acting as agent of the government when it violated my civil rights. WIll I have any problems doing so since i have not given them 60 days, since i am claiming violations of civil rights by an entity that was basically a government agent? Thank you.

Thank you for your question.

When you say that you are claiming this in discovery, what do you mean exactly? Is this a statement you are making in response to a discovery request or in your initial disclosures?
Customer: replied 3 years ago.

im sorry, i wrote that incorrectly. IN discovery i found a concrete link between a spyware manufacturer, whose head designer is billed as an ex security agency programmer, and continuing coordination with the government agency he worked for. This is a means to skirt constitutional protections with a hybrid relationship that does not answer to constitutional protections. I am now asserting that this defendant continues to act as a quasi agent of the government, and this is why im now including constitutional violations in the amended omplaint.

Thank you for your response.

If the Defendant is already a party to the lawsuit, then you do not have to wait 60 days to assert the claim against it. Further, even if the Defendant claims that it is entitled to the notice period as a quasi governmental agency, it will have to establish its entitlement to such with the court. Even if the court granted this, it would simply pause the case for the notice period, and then allow the litigation to resume its course (although it is highly unlikely the court would stop the litigation for a party already in the case).
Customer: replied 3 years ago.

so assuming i can indeed establish this quasi agency (and i am sure i can with further discovery) then I would be correct to assert the constitutional violations that usually only apply to government entities? I am not including the government itself for now, until the 60 days waiting period, but I do speak of their role in the complaint.

If you can establish that they are a quasi-governmental agency, then yes, you can assert civil rights violations against them.
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