Motion to Dismiss Based on Violation of Constitutional Rights

[mutualrespect37]

If I can show that my constitutional rights were violated by the plaintiffs of my case( a government employer's administrative staff) and afterwards they lied about this and hid it, and that my distraught communications about that were disingenuously misrepresented as harassment, is a motion to dismiss for violation of the equal protection clause of the constitution likely to succeed?

If we had SLAPP laws(Strategic Lawsuits Against Public Participation) in this state(KS) my case and the subsequent vindictive harassment charges might fall under something like that, because not only were my rights originally violated by the false witnesses of my case, but they are equating my constitutionally protected complaints about this with harassment and thus trying to suppress my speech. Federal civil rights laws will fill the same function as SLAPP though.

Moreover, since the original rights violation involved disclosure of private health information, bringing this case before a criminal tribunal likely involves a reviolation of the same rights orginally violated by the very office at work charged with upholding confidentiality and protecting equal opportunity. It seems prosecuting this case would put a black mark on the DA's professional ethics and even the judge's?

Below find a funny example of a motion to dismiss on constitutional grounds:

http://www.thesmokinggun.com/archive/fword1.htm

[525601minutes]

Is this question related to this thread?
http://www.expertlaw.com/forums/showthread.php?t=92094

If so - you never did explain how the incident on the elevator was related to your confidential medial information. You should take the advice given to you previously and consult an attorney.

[jk]

even IF they did something bad, it does not allow you to do something bad. The situation with your firing is separate from the harassment charge and from the way it sounds, the HIPAA violation is separate from both of them. You had the right to take your situation to what ever court you wanted. You did not have the right to harass the HR department about the situation.

and to the HIPAA violation, if there was one; follow the directions here:

http://www.hipaa.ihs.gov/index.cfm?module=faq

and what rights violation are you talking about? Your employer can in fact restrict your speech and fire you if you violate their rules.