CLAIMS UNDER 98342 USC §1983 “provides a cause of action for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory.” (1983 FOR STATE & LOCAL) Elements...
A. DEPRIVED OF CONSTITUTIONAL RIGHTS
14TH AMENDMENT. DUE PROCESS CLAUSE: "Nor shall any STATE deprive any person of life, liberty, or property,
without due process of law. FOUR PROTECTIONS:
B. BY A PERSON ACTING UNDER THE COLOR OF LAW
CITY, COUNTY, OR MUNICIPALITY that employs the Official
OFFICIALS at any level of state or local govt.
JUDICIAL
5th Amendment: FEDERAL GOVT. Due Process
PRIVATE PERSON acting jointly w/ state officials in a prohibited action, do not get derivative immunity.
JUDICIAL IMMUNITY
Stump v. Sparkman. Judge immune . SCOTUS 1978
RANKIN v. HOWARD 1980
see for quotes. Federal 9th circuit
JurisdictionNot in the absence of Jurisdiction: of both subject and person
Judicial Acts
and ... the expectations of the parties, i. e., whether they dealt with the judge in his judicial capacity."
When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes or case law expressly depriving him of jurisdiction, judicial immunity is lost.
Personal Jurisdiction: Need ... Link Title
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The law that governs the court must give it authority to assert jurisdiction over the parties to the case; and
The jurisdiction, even where allowed by the law governing the court, must not violate the "due process" clause of the Fourteenth Amendment to the Constitution.
Consent
Service of PRocess
Sufficient contact with the State
Subject Matter Jurisdiction
Link Title
VA CONSTITUION Violations
. Is a monetary judgment collectable from a governmental entity or, in the case of an individual defendant, personal assets or personal insurance policies? ❓
City, county, or Municipality, BUT NOT the State
police chiefs and po
county sheriffs and deputies
City, county, or municipality that employs an offending office
CONSPIRACY ELEMENTS: :
Existence of conspiracy w/ state action
Deprivation of civil rights
Life
Liberty
Property
Stigma Plus Claims: government injury to an individual’s reputation
4th Amend. applies to seized individuals esp. excessive force
14th AMENDMENT EQUAL PROTECTION CLAUSE. nor deny to any person within its jurisdiction the equal
protection of the laws.”
Enforcement of civil rights from Fed statute
Intended to benefit P.
statute not vague
must be mandatory obligation
Gay marriage and divorce rights denied
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FEDERAL LAWSUIT UNDER COMMON LAW: Bivens v. Six Unknown Agents. AKA BIVENS SUITS. see e 28 U.S.C. § 1331
FOURTH AMEND
EIGHTH AMEND.
FIFTH AMEN.
Legislative
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- and to Inc. Bill of Rights???
- No Vague laws
- Substantive DP bars arbitrary wrongful Govt. Actions. Types of Rights...
the first eight amendments in the Bill of Rights (e.g., the Eighth Amendment
restrictions on the political process (e.g., the rights of voting, association, and free speech); and
the rights of "discrete and insular minorities".
1.PROCEDURAL DUE PROCESS. Rogin v. Bensalem Township, 616 F.2d 680, 694 (3d Cir. 1980)
(Right to be represented by counsel)
- Notice
- Hearing (make oral presentation)
- Impartial Tribunal
- Confront and Cross
- Discovery. Present evidence.
- Decision on record and why
Executive
Police Chiefs, Sherriffs, officers, deputies
CITY OF NORFOLK. must be named because the court is a division of the city
CLERK OF THE COURT and NORFOLK CIRCUIT COURT
JUDGES X4
MARY
RIGHT TO PETITION GOVT. : : ❓
PRO SE RIGHTS: 28 U.S. Code § 1654. Appearance personally or by counsel
NO EQUITABLE DISTRIBUTION
WRIT OF MANDAMUS
Statute, ordinance, regulation, custom or usage of any state.
"the nature of the act itself, i. e., whether it is a function normally performed by a judge,
4 JUDGES
LOCAL RULES OF NORFOLK COURT :
CONTINUANCE can be ex parte without Notice. See Lannetti "Expectations"
PRO SE CANNOT SCHEDULE HEARIN
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VA CODE
CONFLICTS OF INTEREST LIABLITY FOR LOCAL [OFFICIALS](https://www.vml.org/wp-content/uploads/pdf/18NEO_PublicOfficialsLiabilityHandout.pdf : 🏴
SEE Monell v. Dept. of Social Services of the City of New York, et al, 436 U.S. at 691, Courts can limit 1983 liabillity for local rules
⛔
694.
COMM. IN CHANCERY should have handled per NCC
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Fraud on Court: Bullock v US Judiial Machinery