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Hi. This is in regards ***** ***** 1983 and 1985 lawsuit in federal court.
I have spoken to other attorneys about this, but I wanted your second opinion.
I plan to file a federal civil rights lawsuit in federal court. One of my claims is a 1985 conspiracy claim which lists my former defense attorney as a party, whom I claim had conspired with the DA (and possibly a judge) to corner me into a guilty plea (among other things). Another count is for a 1985 malicious prosecution conspiracy, which lists as a party the alleged victim in the case.
Meanwhile I have since spoken with an attorney who has studied my evidence, and, said that I have state claims for "malpractice" against my defense attorney for his actions with regards ***** ***** and the alleged victim for a state "malicious prosecution" count (not conspiracy, just her alone).
We are now under contract, and my attorney is preparing to file the state counts (against defense attorney, and alleged victim) in state court. Meanwhile I plan to file the federal complaint in regards ***** ***** counts against these same individuals for essentially the same misconduct, but different claims.
My question is: is splitting the same cause of action into two lawsuits (federal and state) okay? What is the worst that can happen?
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