My jurisdiction is: New York, USA
4 years ago my car was impoundment by state police for insurance, registration, and inspection charges. Return to criminal court found state did not pursue charges. Case was thus not heard that date and formally dismissed later that month. However I was unsure of how to get my car back and at the time did not know the procedure for replevin. The towing company the state hired sold the car for salvage the following summer as I could not pay the storage charges, which were huge by the time I found out what towing company had the vehicle.
I filed an action in N. Dist. of NY against both the state and the towing company under 42 U.S.C. Sec. 1983;Amendments 5/14. Case was promptly dismissed against state of NY under the rather interesting twist of fate the federal courts have had for Amendment 11. Case was finally, after a long period of time, dismissed against the towing company after responding to the defense advanced by that attorney, the court then used my argument against me, in terms of the towing company asserting that since the case was dismissed against the state of NY they should also have immunity. My arguments against the validity of that point were used against me by the judge to reach a conclusion that was ridiculous.
In any case, that federal judge also denied my petition for a court-appointed attorney, and in fact proved upset at various parts of the case and simply desired to be rid of it. I decided that instead of appealing it may be better to pursue the matter under the "legal fiction" of suing the head of the state police, which is a manner to attain legal standing of such a suit under the crazy 11th Amendment rulings since 1999 by the Feds.
The one sticking point I find is this: In researching this case myself, I managed somehow to find a case law reference where the court affirmed that the failure of the state police to retain possession of an impounded vehicle did NOT remove it of a legal responsibility in the case that vehicle then was lost to the owner. If anyone out there knows of any such case law and can cite same, that in my opinion would revive my ability to salvage something out of this;otherwise, I would say that I have absolutely no hope.
I also believe that in the case any further case is assigned to the same judge that I may need to know how to get him recused from hearing it if at all possible.
Thank you.
4 years ago my car was impoundment by state police for insurance, registration, and inspection charges. Return to criminal court found state did not pursue charges. Case was thus not heard that date and formally dismissed later that month. However I was unsure of how to get my car back and at the time did not know the procedure for replevin. The towing company the state hired sold the car for salvage the following summer as I could not pay the storage charges, which were huge by the time I found out what towing company had the vehicle.
I filed an action in N. Dist. of NY against both the state and the towing company under 42 U.S.C. Sec. 1983;Amendments 5/14. Case was promptly dismissed against state of NY under the rather interesting twist of fate the federal courts have had for Amendment 11. Case was finally, after a long period of time, dismissed against the towing company after responding to the defense advanced by that attorney, the court then used my argument against me, in terms of the towing company asserting that since the case was dismissed against the state of NY they should also have immunity. My arguments against the validity of that point were used against me by the judge to reach a conclusion that was ridiculous.
In any case, that federal judge also denied my petition for a court-appointed attorney, and in fact proved upset at various parts of the case and simply desired to be rid of it. I decided that instead of appealing it may be better to pursue the matter under the "legal fiction" of suing the head of the state police, which is a manner to attain legal standing of such a suit under the crazy 11th Amendment rulings since 1999 by the Feds.
The one sticking point I find is this: In researching this case myself, I managed somehow to find a case law reference where the court affirmed that the failure of the state police to retain possession of an impounded vehicle did NOT remove it of a legal responsibility in the case that vehicle then was lost to the owner. If anyone out there knows of any such case law and can cite same, that in my opinion would revive my ability to salvage something out of this;otherwise, I would say that I have absolutely no hope.
I also believe that in the case any further case is assigned to the same judge that I may need to know how to get him recused from hearing it if at all possible.
Thank you.
