Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate Case
My question involves police conduct in the State of: Illinois
I was the victim of assault at the hands of a crazy cab driver who was paranoid I was not going to pay him a fare once he brought me to the place I hired him to. I called the police and when they came the cab driver falsely accused me of refusing to pay him a fare. The police ignored the crime the cab driver committed and told me to pay him a fare. So I said I would and took out money to pay him. They then arrested me and they also falsely accused me of refusing to pay a cab fare. I have sued the cab driver and cab company in a county court for assault and malicious prosecution. I am also looking into suing the police in federal court for a false arrest under Section 1983 violation of constitutional rights.
The main thing I am concerned about now is if they say I'm suing for the same thing twice by listing similar damages in different cases. Even though each defendant would only be sued once in one court, there might be a similarity in the counts and the damages I am seeking compensation for.
The assault in the cab is definitely unique to the cab driver.
The federal civil rights issue because of the false arrest and false imprisonment in a cell behind bars is unique to the police.
But the other damages caused to me from that malicious prosecution, false charge, false arrest are something that both the cab driver and police contributed to.
Since the different defendants each made their own actions and they are in different courts for a good reason, would it be ok to list the same damages in two different cases?
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
You were arrested for what offense? Did you proceed to court on a criminal charge from that case? If so, exactly how was the charge resolved?
Odds are the cab driver is an independent contractor who leases the cab by the day. Have you actually looked into the relationship between the cabbie and the company? What is your theory under which the cab company would be responsible for the cabbie's alleged misconduct?
If you sue them separately I would expect the municipality to implead the cab driver and that one party or another would seek consolidation of the cases.
I would be interested in hearing the cabbie's version of what happened, as well as what the police put in their report. By your report, the events don't make sense.
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
I don't see the 42 USC 1983 claim going anywhere unfortunately, just from what you said here. And you said here that you did not pay the cabbie, so I don't see that panning out either.
As to suing two different parties in two different venues...I don't see an issue. I would expect the 42 USC 1983 claim to have a motion to dismiss filed. And then from there, if it survives, its anybody's guess if they ask for removal (which can be argued against).
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
You are right, the events do not make sense, that is why I'm suing in court. I was the victim of outrageous, malicious and irrational behavior by two parties who are both supposed to provide services to the public, a cab driver and the police. They were both different races than me, if that helps bring any sense to the situation. It's very hard to speculate on the why's behind such a crazy incident.
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
No, it's actually pretty easy to speculate.
Even easier given that you didn't answer my questions.
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
what is with the hostility? I didn't come on here to go over all the details of my case. I had one specific question.
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
Can you? Sure, anyone can sue anyone else for anything. The outcome of such suits is not predictable.
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
Quote:
Quoting
free9man
Can you? Sure, anyone can sue anyone else for anything. The outcome of such suits is not predictable.
Given the "facts" presented, I would take issue with the outcome not being predictable. If I was a gambling man, I would put money on the outcome of the suits and I never bet on anything less than a sure thing.
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
Quote:
Quoting
jk
Given the "facts" presented, I would take issue with the outcome not being predictable. If I was a gambling man, I would put money on the outcome of the suits and I never bet on anything less than a sure thing.
Well yeah, I agree with you. I just didn't wanna discourage OP from pouring any of his money down the drain if he is hidebound to do it. Some folks have to learn the hard way.
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Quote:
Quoting
cbg
He can't win anywhere can he? Poor guy. Maybe he'll pop up somewhere else tomorrow.
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
Guess he'll keep bouncing around until someone agrees with him.
Re: Can You File a Civil Rights Claim if You've Sued Other Defendants in a Separate C
This is interesting:
Quote:
Quoting letlibertylive
I can't imagine that a cab driver is allowed to take you to any location other than what you hired him to take you to and have a legal right to charge you for it just because the meter is running. (I already looked up Chicago ordinance, they are not allowed to charge before reaching the destination).
You appear to be saying that you told the cabbie "I won't pay you because we're not at the destination", and that is supposed to be sufficient evidence of your willingness to pay even though you were explicitly refusing to pay.
Quote:
Quoting letlibertylive
I also can't imagine that getting out of a cab because you feel your life is in danger could be considered theft, when no other actions accompany that such as fleeing the scene or giving any other indication that you were not going to pay for the services you hired.
The only thing you've accused the cabbie of doing is kicking you and accusing you of trying to avoid paying your bill. Obviously he wasn't kicking you from the front seat of the cab. So you now appear to be saying that you decided you were going to get out of the cab even though you weren't at your destination, are using a claim that "you fe[lt] your life [wa]s in danger" for getting out of the cab part-way through the trip and then tried to use the claim that "[the cabbie is] not allowed to charge before reaching the destination" to avoid paying your bill - even though you were the one who prevented the cabbie from taking you to your destination by getting out of the cab.
If that's the case, I can see why the police found your story to be... unpersuasive.
Now back to the questions I asked earlier: You were arrested for what offense? Did you proceed to court on a criminal charge from that case? If so, exactly how was the charge resolved?