Q: WHY ARE MOST ATTORNEYS AFRAID OF 1983 FEDERAL CASES AGAINST MUNICIPALATIES IS IT THE RETRIBUTION OR DAUNTING CHALLENGE
i have had two successful cases filed pro se where they were accused of assault illegal detainment 1st and 4th amendment violations and conspiracy on one and running me off the road on the other. In both cases they settled, i know this and what im up against and if someone took the time i could blow this thing up. Conspiracy charges up to the city manager and possibly higher police the courts prosecutors.
A: Probably neither of the above. The more likely reason is that the 1983 suit against the municipality pretty much requires that the plaintiff proves that the municipality had an actual policy to violate the constitution. E.g., if a person is beaten up by the cops, to prove a 1983 case against the city, the plaintiff would basically need to prove that the city had an actual written policy to beat up folks or beating up folks was so widespread and known that it was basically a policy. In other words, just reading 42 U.S.C. § 1983 does not give you the full story.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
