How to properly SERVE a city Police Department?

[louweed]

Jurisdiction

Illinois

Looking to file a Civil suit against the City of _______ in Illinois and their Police Dept.

Couple Q's: Am i suing the city, the local PD, or both?

And exactly how do i find out the proper method of service? Are the papers to be served at the named Officers home address? (individually) or just to local PD office in town to any one of the named defendants?

 

[adjusterjack]

Couple Q's: Am i suing the city, the local PD, or both?

When you get to that point you'd name both and also the officer(s) by name if you have a beef with a particular officer(s).

And exactly how do i find out the proper method of service? Are the papers to be served at the named Officers home address? (individually) or just to local PD office in town to any one of the named defendants?

Whoa! You're getting ahead of yourself.

Have you ever heard of Sovereign Immunity, The Tort Claims Act, the procedure for making a claim against a government agency before you can sue?

If you haven't then I suggest you read the following:

705 ILCS 505/  Court of Claims Act.

745 ILCS 10/ Local Governmental and Governmental Employees Tort Immunity Act.

The particular city may have forms for you to fill out to start the process. You generally have to file a claim within a limited amount of time after the occurrence, then you get to sue if it gets denied.

 

[louweed]

When you get to that point you'd name both and also the officer(s) by name if you have a beef with a particular officer(s).



Whoa! You're getting ahead of yourself.

Have you ever heard of Sovereign Immunity, The Tort Claims Act, the procedure for making a claim against a government agency before you can sue?

If you haven't then I suggest you read the following:

705 ILCS 505/ Court of Claims Act.

745 ILCS 10/ Local Governmental and Governmental Employees Tort Immunity Act.

The particular city may have forms for you to fill out to start the process. You generally have to file a claim within a limited amount of time after the occurrence, then you get to sue if it gets denied.

In Federal court NOT State court.

 

[adjusterjack]

In Federal court NOT State court.

Doesn't matter. You are still subject to the IL tort claims act because you are suing an entity of government. The city government might even have its own tort claims act.

If you get this wrong you risk having your case dismissed and being forever barred from pursuing it.

I suggest you consult an attorney before you do something that can't be fixed.

 

[louweed]

Doesn't matter. You are still subject to the IL tort claims act because you are suing an entity of government. The city government might even have its own tort claims act.

If you get this wrong you risk having your case dismissed and being forever barred from pursuing it.

I suggest you consult an attorney before you do something that can't be fixed.

what am i missing here? i already contacted several civil law attorneys and everyone of them has told me that the statute of limitations runs out after 2 years in Federal and 1 year in State court? I can't imagine that any on these attorneys are misinformed esp when they would be taking me on contingency.

???

 

[adjusterjack]

what am i missing here? i already contacted several civil law attorneys and everyone of them has told me that the statute of limitations runs out after 2 years in Federal and 1 year in State court? I can't imagine that any on these attorneys are misinformed esp when they would be taking me on contingency.

Perhaps it's time you actually hired one of those attorneys. Getting off-the-cuff comments on the phone or in a brief consult can often be misinterpreted by both sides of the conversation, as would asking questions of strangers on the internet without providing any details.

I'm just giving you general knowledge about suing government agencies.