I'm attaching a previous thread for visibility and history.
A new series of questions appears at the end of this thread.
I hired a lawyer to sue a police dept for my wrongful arrest & treatment 1-30-
10. The dispatcher wrongfully reporter to police on duty I had a gun & was going
to kill people. I am 60 year handicapped womwn w heart conditions/surgery. My
daughter had run away, my husband & I went to look for her. The man who picked her up at 3am called the police to say I was coming to his house & he called police. BUT there was no comment by him, I have 911 transcript. A lawsuit was filed in District Court
, but a mistake was made by my lawyer and she filed suit only against the 5 police offices, not the dispatcher or the City. The police lawyer moved the case to Federal court
and my lawyer dropped me as she said she could not practice in Federal court. I have called around for a new lawyer, but either no lawyer wants to fix the mistakes of my ex lawyer or they have too many cases here in the Seattle area. Too many people are killed ot maimed by police.
ACLU can't help me as they are too busy. I have to try to file my paperwork on
my own "pro se" until I find a new lawyer to bring my suit to tyrial. The police
lawyer is giving me until June 1st to add any name to my lawsuit. The statute of
limitations is 2 years, but since my case is moved to a Federal court, & that
has a 3 year limitation, can I add a tort
to my complaint against the City of
Bothell and the dispatcher? I want to know
You have received an Answer!
Tuesday, May 22, 2012 5:12 PM EST
If you add a state statute based tort, the state's statute of limitations
Tuesday, May 22, 2012 5:48 PM EST
This doesn't answer my question.
My case was moved out of State court and into Federal court by the police
lawyer. I need to know if I can now follow Federal guidelines and rules and add
a tort against the City of Bothell and the dispatcher, since they were left out
of my orginal suit from my lawyers ignorance.
State statute is 2 years but Federal is 3 years. Since the polce moved it OUT of
the County District court and into Federal, I am trying to undo the damage that
my ex lawyer caused because of her lack of knowledge since she was new in practice. I need to add them to my case here in Washington State
You have received an Answer!
Tuesday, May 22, 2012 6:44 PM EST
The SOL for the claim is based on the underlying claim and that would not change
if the defendant had the case removed t federal court. However, if the claim is
based in federal law then you could add additional parties.
Monday, May 28, 2012 8:20 PM EST
Thanks again, for the follow-up. I need to make certain I'm asking the right
question in the right manner, so to confirm;
My original case against individual police officers of a local municipality,
[Bothell, WA], has been moved to federal jurisdiction by the defendant(s).
I have since learned that my original attorney neglected to include a Tort
against the City and the police dispatcher in my lawsuit. Only the individual
police officers were named. The SOL for my original lawsuit expired on January
30th, 2012 and I was unable to add the City and the police dispatcher to my
Now that the suit has been moved to Federal court, does the original two year
SOL still take precedence even though Federal court SOL is three years? I'd very
much like to include in my lawsuit, the city/municipality as well as the on-duty
police dispatcher who contributed to the incident. This is very important to me
to have the right information. I have spent thousands of dollars on my case and
gotten wrong information
You have accepted an Answer!
Monday, May 28, 2012 9:50 PM EST
If the claim is based on a state action then the state SOL would apply. You
should try to add the new defendants and let them raise the defense rather than
abandoning the claim.
I have until 6/1/2012 to file claims against the City and the police
dispatchers. I need to know the process for doing so.
Do I simply file lawsuit paperwork/charges with the court?
Do I need to file lawsuit paperwork/charges with their attorney?
Am I required to have them served/subpoened by process server for the lawsuit?