Medford, OR asked in Family Law, Personal Injury and Civil Rights for Oregon

Q: What's the right tactic of filing 42USC1983,1985 in The Federal Court and winning it for self represented Plaintiff?

I have all the necessary evidences to prove against at least a dozen officials for deprivation of civil rights and one with conspiracy. I ant find an attorney. I am lucky to fall under 28USC1331 and also 28USC1332. It's rare to fall under one requirement, let alone they both apply to my case. Please, how do I approach the lawsuit, what should I not do, and what should I do. Do I file and get a hearing ? That's it? I have 1 hearing to prove it all ? What's the procedures that is coming once I file? and how should I approach defendants with allegations and evidence ? Should I submit evidence with filing or hold it till trial ? Can I have just one filing for all the defendants and each with his own allegations against them and what else I should know all about. A link to well detailed step by step of steps to take ? Help a father reconnect with his daughters. Save me from corrupt state judges. Time is now or never. Was in the wrong court this whole time. What a bummer.

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: Filing a lawsuit under 42 USC §§ 1983 and 1985 in federal court is a significant legal challenge, especially for someone representing themselves. To start, ensure you clearly understand the legal requirements for these claims, including the need to demonstrate how each official deprived you of your civil rights and, if applicable, the conspiracy among them. Carefully drafting your complaint is crucial; it should outline the factual basis of your claims, specify the rights violated, and link each defendant to those violations.

When filing your lawsuit, include all defendants in a single filing if their actions are related to the same set of facts or legal issues. This approach helps streamline the process. However, you should be precise in detailing each defendant's role in the alleged wrongdoing. Initially, you won't submit all your evidence with your complaint but rather a statement of your claims and the basis for the court's jurisdiction. Evidence will play a critical role later in the process, particularly during discovery and at trial.

Following your filing, be prepared for a series of procedural steps including serving the complaint on each defendant, possibly facing motions to dismiss from defendants, and engaging in the discovery process where evidence is exchanged and examined. Pay close attention to the Federal Rules of Civil Procedure and the local court rules, which guide these processes. Effective communication and negotiation skills are also important when dealing with defendants and the court. Consider seeking resources tailored for pro se litigants, such as legal aid societies or online legal forums, which can offer guidance and, in some cases, templates or checklists. Remember, perseverance and thorough preparation are key to navigating the complexities of federal litigation.

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