1983 action

[dlwade]

Jurisdiction

California

A southern California county sheriffs department was attempting to serve a warrant for drug charges on an individual (we'll call him "Dopey") who was staying with his brother (we'll call him Bob) and his family. The sheriffs knocked at the door, "Bob" opened the door and was chased through his home by the sheriffs and ultimately tasered multiple times in front of his 8 year old daughter. He was arrested for resisting arrest and suspected drug use.

"Bob" is a preacher, he is 80% hearing impaired and also has a partial mental dysfunctional disability and did not understand what the sheriffs were shouting and why they were there. Initially, "Bob" became disoriented by the shouting sheriffs and ran to protect his 8 year old daughter. As a result of his running towards his daughter, he was tasered.

Would it be more advantageous to file in federal or civil court, what are the pros and cons of filing in each?

 

[adjusterjack]

We don't do homework.

If this really happened to Bob, Bob needs a lawyer instead of strangers on the internet.

 

[dlwade]

We don't do homework.

If this really happened to Bob, Bob needs a lawyer instead of strangers on the internet.

Hello adjusterjack, thank you for your comment. I do work for a lawyer who asked me to do research for a real situation to find out which would be the best for his client. Any advice is welcome. I do not mean any disrespect.

 

[army judge]

Hello adjusterjack, thank you for your comment. I do work for a lawyer who asked me to do research for a real situation to find out which would be the best for his client. Any advice is welcome. I do not mean any disrespect.

A real lawyer doesn't task his or her employees with doing research from UNKOWN sources via the 'net.
Before you ask, YES, I'm a lawyer.
I often use several search services, including our county law library.
I wouldn't task any of my employees with researching this question, because I know which the difference between "federal court" and "civil court".
That's only one of many more "tells".

Okay, I'll play along.

If you want the matter docketed quickly, you file in your county court.
If you file federally, you won't be heard on your first motions for nine, maybe even 18 months.
The trial would be at least three, maybe four years away.

I'd recommend state court.
The case you describe would probably be worth no more than $5,000, if that.
Depending on the story the deputies tell, the case might not be worth a dime.

 

[dlwade]

A real lawyer doesn't task his or her employees with doing research from UNKOWN sources via the 'net.
Before you ask, YES, I'm a lawyer.
I often use several search services, including our county law library.
I wouldn't task any of my employees with researching this question, because I know which the difference between "federal court" and "civil court".
That's only one of many more "tells", ace.

Thank you army judge for your kindness in setting me straight with my task. I will look elsewhere for my information as you suggest.

 

[dlwade]

A real lawyer doesn't task his or her employees with doing research from UNKOWN sources via the 'net.
Before you ask, YES, I'm a lawyer.
I often use several search services, including our county law library.
I wouldn't task any of my employees with researching this question, because I know which the difference between "federal court" and "civil court".
That's only one of many more "tells".

Okay, I'll play along.

If you want the matter docketed quickly, you file in your county court.
If you file federally, you won't be heard on your first motions for nine, maybe even 18 months.
The trial would be at least three, maybe four years away.

I'd recommend state court.
The case you describe would probably be worth no more than $5,000, if that.
Depending on the story the deputies tell, the case might not be worth a dime.

Thank you for your recommendation. I do appreciate your time.

 

[adjusterjack]

I'm not a lawyer but I've hired plenty in my time and if any of them had tasked an employee to seek advice from strangers on the internet on how to handle one of my cases he'd be out on his ear.

Or doesn't your boss know you are taking this kind of dangerous shortcut?

 

[dlwade]

I'm not a lawyer but I've hired plenty in my time and if any of them had tasked an employee to seek advice from strangers on the internet on how to handle one of my cases he'd be out on his ear.

Or doesn't your boss know you are taking this kind of dangerous shortcut?

I'm not a lawyer but I've hired plenty in my time and if any of them had tasked an employee to seek advice from strangers on the internet on how to handle one of my cases he'd be out on his ear.

Or doesn't your boss know you are taking this kind of dangerous shortcut?

adjusterjack, As stated last evening, "Any advice is welcome. I do not mean any disrespect." Perhaps I am in the wrong forum for my research. Thank you for your opinion and have a nice day.

 

[adjusterjack]

Perhaps I am in the wrong forum for my research.

Yes, I think a law library would be more advisable.