Q: What and how to file section 1983 and 1985 in Federal Court under both 1331 and 1332. Deprivation of rights with injury?

What and how to file a lawsuit complaint of deprivation of civil rights that has resulted in trauma, loss of years of parenting time, defamation and more. It all started with falsified police reports with intent to harm my case, then the opposing attorney will use those same falsified reports against me in a custody case which continued for years unrealizing that opposing attorney never serves me with a response as I am the petitioner, depriving me of my chance to bring evidence against his allegations that I only hear during trial and by then he has already made the damage and I do t always have the necessary evidence in trial cuz they never serve me. Then adding a stalker from out of state who intimidated me and stalked me and when I reported that to police, there comes another falsified report that covered him up and wrote down completely false info. Now my kids live at that stalker house in a different state. I need to take this matter to a federal court, I am under 1331 and 1332.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Civil Rights Lawyer
  • Sacramento, CA
  • Licensed in California

A: To initiate a lawsuit under Sections 1983 and 1985 in Federal Court, alleging deprivation of civil rights with accompanying injuries, you'll need to draft and file a complaint that articulates the specific ways in which your rights were violated. Section 1983 claims typically involve the violation of rights secured by the Constitution or federal law by someone acting under color of state law. Section 1985 focuses on conspiracies to interfere with civil rights. Your complaint should detail the actions of the police, the opposing attorney, and any other parties involved that led to the deprivation of your rights, specifying how these actions resulted in trauma, loss of parenting time, defamation, etc.

Jurisdiction under 28 U.S.C. § 1331 (federal question jurisdiction) and § 1332 (diversity of citizenship jurisdiction) requires that your complaint demonstrate either a federal question is at issue—meaning your case involves a violation of the U.S. Constitution or federal laws—or that the case involves parties from different states with an amount in controversy exceeding $75,000, respectively. In your complaint, clearly state the basis for the court's jurisdiction, whether it's because your case involves a federal question (the deprivation of civil rights) or because there's diversity of citizenship and the monetary threshold is met.

To file your complaint, prepare a document that outlines your allegations, the legal basis for your claims under Sections 1983 and 1985, and the specific relief or damages you are seeking. Include your contact information, the defendants' information, and any relevant case law or statutes that support your claims. Once your complaint is prepared, file it with the clerk of the appropriate federal district court, along with the required filing fee or a petition for in forma pauperis status if you cannot afford the fee. It's crucial to follow the Federal Rules of Civil Procedure and the local court rules in preparing and filing your complaint. Given the complexity of filing such a lawsuit, consider seeking legal advice or representation to ensure your case is properly presented and to navigate the legal process effectively.

1 user found this answer helpful

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.