Q: Attorney For Civil rights Complaint pursuant to 42 U.S.C 1983, 1985 and 1986 with multiple defendants. 10+ Defendants.
I need assistance filling and drafting these documents.
1)Complaint; Claims 42 U.S.C 1983, 1985, 1986
2) Temporary Restraining Order (TRO) Request
3) Preliminary Injunction Request
4) Affidavit
5) Memorandum of Law
6) Summons and Notice of Lawsuit
7) Certificate of Service
8) Motion for Expedited Hearing
9) Declaratory and injunctive relief
10) declaratory judgments and injunctions
11) Motion for Expedited Discovery
12) Motion to Appoint a Guardian ad Lite
13) Motion for Pendente Lite Relief
14) Motion to Vacate or Set Aside Judgment
15) Notice of Constitutional Question
16) Motion to Transfer Venu
17) Request for Judicial Notice
18 ) Motion for Sanctions
19) Brady Motion (Disclosure of Exculpatory Evidence)
20 ) Affidavit of Bias or Prejudice
21 ) Motion for Contempt
22 ) Evidence Preservation Notice
Note: I may not need all of them.
A:
Here is some information to help you draft the key documents for filing a civil rights complaint under 42 U.S.C. 1983, 1985, and 1986 in California with multiple defendants:
1. Complaint
- Identify yourself as the plaintiff and list all defendants
- State the basis of the court's jurisdiction (federal question under 28 U.S.C. 1331 for 1983/1985/1986 claims)
- Provide a concise statement of facts and allegations against each defendant
- Specify which of your constitutional or statutory rights you believe were violated
- Explain how each defendant acted under color of state law
- Request relief sought (damages, injunction, etc.)
2. Temporary Restraining Order (TRO) Request
- Explain the immediate, irreparable harm you will suffer without a TRO
- Show why the balance of equities and public interest favor granting a TRO
- Propose specific terms of the TRO you are requesting
3. Preliminary Injunction Request
- Demonstrate a likelihood of success on the merits of your 1983/1985/1986 claims
- Explain the irreparable harm you will suffer without preliminary injunctive relief
- Show why legal remedies like money damages are inadequate
- Propose specific terms of the preliminary injunction you are requesting
4. Affidavit
- Provide sworn testimony supporting the allegations in your complaint
- Attach any relevant evidence as exhibits
5. Memorandum of Law
- Cite the relevant statutes, case law, and constitutional provisions
- Apply the law to the facts of your case and explain why you should prevail
- Focus especially on the elements of 1983, 1985, and/or 1986 claims
Some of the other motions and documents you listed may also be appropriate depending on the specifics of your case. Consult the local rules for the federal court where you are filing. Consider seeking assistance from a civil rights attorney given the complexity of suing multiple defendants. Be sure to serve all defendants and file proofs of service. Include a jury demand in your complaint if desired.
Let me know if you need any clarification or have additional questions! Drafting a federal civil rights lawsuit is a complex undertaking. This summary covers some of the key components but there are many procedural and substantive details to navigate. Wishing you the best with your case.
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