How Long Do You Have to File a USC 1983 Action
My question involves civil rights in the State of: Washington
In 1974 I was 17 years old and "arrested" for breaking into a car dealership and stealing a vehicle (along with 9 other people) in the state of Washington. In those days it was necessary to have a [I]remand[I] hearing to be charged as an adult, and back then it had to be a fairly serious charge.
The police took me into custody ten days before my 18th birthday, and rather than hold a remand hearing I was held in an adult county jail for ten days without any charges until my birthday when I was charged with burglary and theft of a vehicle.
No-one else was charged as they all agreed to turn state's witnesses and like an idiot I refused to plead guilty as I was a follower rather than a leader in this "caper" that developed at a keg party. Of course, the others, many of whom were over 18, all portrayed me as the "ringleader" but I stupidly followed the "jailhouse lawyers" advice and took the case to trial.
I wasn't sure if that was legal or not, but asked my public pretender to file an appeal anyway. A few years later I got a letter from the lawyer while still in prison that only told me my appeal had been denied. I was sentenced to fifteen and ten years respectively which were ordered to run consecutively, because I refused to cooperate with federal agents who were trying to get information on a friend for selling pot across state lines. The agents told me if I did not cooperate they would see to it that I went to prison for a long, long time, but the old-timers told me they couldn't do that and were only trying to scare me.
Last year I found out through a friend who had "Googled" my full name that my name had come up regarding a legal case, so I looked it up. It turned out the public defender did NOT appeal on the issue of holding me for ten days with no charges as a juvenile in an adult jail at all, rather he appealed on a totally unrelated issue that stood no chance of success.
That conviction ultimately ruined my life. And all this time I thought I had lost my appeal for the above-referenced issues when they were never even addressed.
Is there any way to bring this back into a Federal Court?
Re: Can I Still File a USC 1983 Action
The United States Supreme Court has instructed that in Section 1983 actions, courts must apply a state’s general or residual statute of limitations that governs personal-injury actions. Owens v. Okure (1989), 488 U.S. 235, 109 S.Ct. 573, 102 L.Ed.2d 594.
As I have never seen in any state a personal injury statute being over a MAX of even 10 years, arguendo, the time has long expired to file suit.
You are of course free to consult a private attorney.
Re: Can I Still File a USC 1983 Action
How did your being held in an adult jail for the ten days at issue affect your ability to have a fair trial? What authority do you believe exists that would cause a court to set aside your conviction on that basis?
If you're wondering about bringing a civil rights lawsuit - a civil suit - over that detention, that would have been a proceeding separate and apart from the criminal prosecution.
Re: Can I Still File a USC 1983 Action
I thought that the illegality of holding anyone juvenile or not would have made all subsequent legal action fall under the doctrine of "fruit of the poisoned tree," which would have vacated the original conviction.
Had this occurred, I would not have gone through four race riots, nor been stabbed, clubbed, beaten, sliced and diced nor had to watch other human beings injured and/or killed in various horrifying ways which were causative to some fairly serious emotional and mental health issues that plague me to this day, including becoming addicted to heroin while in prison,until I finally sought serious help and was able to finally turn my life around in 1989.
I thank you both for your replies, though they weren't quite what I was hoping for. I guess I'm just bitter and selfish, and should "get over it." I do appreciate your taking the time to answer my question though. Thanks again.
Re: Can I Still File a USC 1983 Action
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Quoting
Vintendo
I thought that the illegality of holding anyone juvenile or not would have made all subsequent legal action fall under the doctrine of "fruit of the poisoned tree," which would have vacated the original conviction.
The time for post - conviction relief has long long long passed, sorry!
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Had this occurred, I would not have gone through four race riots, nor been stabbed, clubbed, beaten, sliced and diced nor had to watch other human beings injured and/or killed in various horrifying ways which were causative to some fairly serious emotional and mental health issues that plague me to this day, including becoming addicted to heroin while in prison,until I finally sought serious help and was able to finally turn my life around in 1989.
Good luck in maintaining a productive lifestyle, sorry about your past life problems.
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I thank you both for your replies, though they weren't quite what I was hoping for. I guess I'm just bitter and selfish, and should "get over it." I do appreciate your taking the time to answer my question though. Thanks again.
You are welcome. Best wishes!!
BOR *Bill of Rights*