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Pd violated my civil rights twice and tried to arrest me for…

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Pd violated my civil rights...
Pd violated my civil rights twice and tried to arrest me for no reason I had broken ankle at the times and they sprained it by pulling on my arms to take me out side then gave me a nuisance tickets twice and I want them to pay restitution for misconduct not following the code of ethics they should be repremanded for there behaviors
Submitted: 6 months ago.Category: Criminal Law
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8/3/2017
Criminal Lawyer: RayAnswers, Lawyer replied 6 months ago
RayAnswers
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Category: Criminal Law
Satisfied Customers: 45,303
Experience: licensed attorney in criminjal law for 30 years
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Customer reply replied 6 months ago
What is the answer
Customer reply replied 6 months ago
Just give me the answer
Criminal Lawyer: RayAnswers, Lawyer replied 6 months ago

I will be back to you in about 15 minutes, lunch break thats for your patience.

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Criminal Lawyer: RayAnswers, Lawyer replied 6 months ago

You can file a federal civil rights suit against the city and people involved.

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Criminal Lawyer: RayAnswers, Lawyer replied 6 months ago
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Criminal Lawyer: RayAnswers, Lawyer replied 6 months ago

n 1871 the United States Congress passed a law, originally part of the Ku Klux Klan Act, to enforce the 14th Amendment of the United States Constitution on the states. The Civil Rights Act, now part of the United States Code, 42 U.S.C. § 1983, has colloquially been referred to as the remedy for “constitutional torts.” The evil that the legislation sought to remedy was state-sponsored infringement of federally protected constitutional rights. This law provides a remedy to parties who are deprived of federal rights and privileges by state and local governmental officials who abuse their positions of power.
§ 1983 provides that:
Every person who, under color of any statute, ordinance, regulation, custom or usage, of any state or territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction of the United States to the deprivation of any rights, privileges or immunities secured by the Federal Constitution and its laws, is liable to the party injured in an action at law, suit in equity or other proper proceeding for redress.

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Criminal Lawyer: RayAnswers, Lawyer replied 6 months ago

A § 1983 action may be brought in a state court or a federal court. Terry v. Kolski, 78 Wis. 2d 475, 254 N.W.2d 704 (1977); Riedy v. Sperry, 83 Wis. 2d 158, 265 N.W.2d 475 (1978). The plaintiff’s attorney should be able to provide a good reason for recommending whether to file suit in state or federal court. Cases tried in federal court draw from a much larger jury pool. Federal juries are less likely to be influenced by local political attitudes than a jury in a state court trial that is chosen only from the registered drivers and voters in the county. Federal judges are usually more familiar with these types of cases, than state judges. A federal jury consists of six persons, while a state jury usually consists of twelve. The choice of venue might also be influenced by additional state tort claims that are joined with the federal civil rights claims.

Most states, including Wisconsin, have enacted laws making it more difficult for any aggrieved person to bring suit in state court against any governmental body or its employees. The Wisconsin statute, § 893.80 has several procedural roadblocks, including a 120 day notice of claim requirement, qualified immunities for discretionary conduct by governmental employees, and a limitation of damages provision in the amount of $50,000.00 that applies to most state law claims.

However, according to a United States Supreme Court decision in Felder v. Casey, 487 U.S. 131 (1988), the plaintiffs in a federal civil rights case brought in state court pursuant to 42 USC § 1983 do not have to comply with the Wisconsin notice of claim statute in order to bring their federal constitutional claims. The Supreme Court held that a federal civil rights action brought in state courts pre-empts Wis. Stat.
§ 893.80(1)’s notice requirements.

Whether state or federal qualified immunity for discretionary acts might shield a defendant from liability under the civil rights act depends on whether the defendant violates a plaintiff’s clearly established statutory or constitutional right of which a reasonable person would have known. Allen v. Guerrero, 276 Wis.2d 679, 688 N.W.2d 673 (Ct. App. 2004)(deliberately holding a person in prison beyond a statutorily prescribed release date violates the 8th Amendment proscription against cruel and unusual punishment). The plaintiff must prove unconstitutional conduct and that the applicable constitutional standards were clearly established at the time in question. Saucier v. Katz, 533 U.S. 194 (2001)(excessive force during an arrest); Newsome v McCabe, 319 F.3d 301 (7th Cir. 2003)(procurement of false testimony); Magdziak v. Byrd, 96 F.2d 1045 (7th Cir. 1996)(high speed chase by police).

The Wisconsin Supreme Court has held that the $50,000.00 municipal liability cap on damages prescribed by Wis. Stat. § 893.80(3) does not apply in a civil rights lawsuit. Thompson v. Village of Hales Corners, 115 Wis. 2d 289, 340 N.W.2d 704 (1983). Wisconsin’s state law that puts a $350,000 cap on damages for loss of society and companionship arising out of the death of an adult family member or a $500,000 cap on damages for loss of society and companionship of a minor is likewise inapplicable in a civil rights case. Bell v. City of Milwaukee, 746 F.2d 1205 (7th Cir. 1984).

In any lawsuit brought pursuant to the federal civil rights law, the plaintiff must prove that he or she has been deprived of a right “secured by the Constitution and laws” and secondly, that the defendant was acting “under color of” any state law.

I wish you the best thanks for your patience.If you can positive rate 5 stars it is much appreciated.You appear to have great facts to sue the police here.

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Customer reply replied 6 months ago
What type attorney do I need please
Criminal Lawyer: RayAnswers, Lawyer replied 6 months ago

Civil rights lawyer

Lawyer referral

https://www.justia.com/lawyers/civil-rights/wisconsin

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Criminal Lawyer: RayAnswers, Lawyer replied 6 months ago

https://www.justia.com/lawyers/civil-rights/wisconsin

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