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.
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