Toppenish, WA asked in Civil Rights, Personal Injury, Constitutional Law and Federal Crimes for California

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.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

2 users 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.