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Can you put claims for the "right to sue" in your Complaint.

Customer Question
Can you put claims...

Can you put claims for the "right to sue" in your Complaint

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Colorado but it's USDC

Lawyer's Assistant: Has anything been filed or reported?

I'm working on my 2nd Amended Complaint & an argument has already come up about suing a governmental entity. I have started on a section Plaintiff's have a Right to Sue - stating the 1st Amendment and other relevant waivers for these governmental entities.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Don't think so.

Submitted: 7 months ago.Category: Legal
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Answered in 47 minutes by:
10/3/2017
Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 124,228
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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Customer reply replied 7 months ago
Can you put claims for the "right to sue" in your Complaint.
Colorado but it's USDC I'm working on my 2nd Amended Complaint & an argument has already come up about suing a governmental entity. I have started on a section Plaintiff's have a Right to Sue - stating the 1st Amendment and other relevant waivers for these governmental entities.
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

What do you mean claims for the right to sue in your complaint? Can you please explain it clearer?

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Customer reply replied 7 months ago
This is against the Department of Education. The judge stayed the case for mediation which didn't pan out. I was quite Disturbed with the judge because he tried to get me to dismiss some of the parties but I found out later he was dead-ass wrong. Ticked me off. So I want to put a new count number one in there stating that I have a right to sue a governmental agency due to the First Amendment the Bill of Rights and the Constitution. I am a paralegal trying to get through this without help. I've done really good so far and I don't want any more excuses and want to put claims that I have a right to sue a government agency. If you want to answer you can but I'm going to do it anyway. I just found the supremacy clause online concerning the Constitution and Bill of Rights. It cannot be overruled by any court or judge plain and simple
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

You can sue a government agency if they consent to be sued under their Sovereign Immunity rights, which goes back to common law days in England where you could not sue the king unless he consented to be sued. Of course, under civil rights violations, including discrimination claims, a government agency whose conduct was willful and malicious would be able to be sued for failure to take action to protect you. So, you can sue them if the agency and their employees discriminated against you and they should not have been dismissed if you alleged facts sufficient for proving the agency's involvement in encouraging the illegal discrimination or refusing to act upon learning about your discrimination claims.

So you would need to try to amend your complaint to include facts to show that the agency was complicit in encouraging and fostering the behavior of discrimination that you suffered.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Thanks this is not a discrimination case. It is a credit reporting fraction like 23 times on my credit report for a student loan. I have it against navient Sallie Mae and USA funds but I'm also included the Department of Education and the Department of Treasury because they contract with these idiots. I'm going on the 1st Amendment and the fact that I sent them to certified letters which they ignored. According to what I see if they ignore it I can argue in court that they wave their immunity. Not sure about that. But there is strong language in the First Amendment and a couple of case law besides I found. It was nice talking back and forth with you
Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply and clarification.

You also can consider using an unfair and deceptive business practice claim against the servicers as you are still a consumer and their practices violate fair practices.

If the DOE and DOT both have actual control over the servicer handling of the accounts, the court can allow them in, but quite honestly, they keep arguing that they are not liable for acts of their servicer that would be contrary to any law and as such they are not grossly negligent as such to give rise to the waiver of their statutory immunity. Dealing with these student lenders is frustrating, but attacking the DOE and DOT can be maddening because they insulate themselves from conduct of their unscrupulous servicers.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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