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Malpractice by a Government Official

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  • 02-20-2009, 01:09 PM
    brandybrown
    Malpractice by a Government Official
    My question involves injury or loss that occurred in the state of: Minnesota.

    When I was 9 I was wrongfully taken away from my parents and put into a few fosterhomes. My parents as well as all of our neighbors were arrested. All of the children were taken into custody.

    We spent 10-16 hours a day in the courthouse, separated from all friends and family. We were taken to various Psychiatrists and they did alot of damage to my brain. Both my brother and I suffer from post tramatic stress, we have other mental issues that come from that period in time when our brains were wiped clean and new memories were implanted to help their case.

    All charges ended up being dropped on all that were arrested. We were all returned to our parents, this is after they all lost their jobs, houses and good name.

    It turns out that the prosecuting attorney ended up being charged with false arrest and other items that put her in prison for a while.

    My question to you is do my brother and I have a chance at bringing the state of Minnesota to justice for what they did to us when we were younger? We are both now in our 30's and have been diagnosed with the mental issues I spoke of earlier. Could you please tell me if the statute of limitations has expired or do we still have some legal standing in the case?

    Thank you,
    Brandy Brown
    Iowa
  • 02-28-2009, 05:18 PM
    LawResearcherMissy
    Re: Malpractice by a Government Offical
    The SOL would be long expired by now.

    The SOL for malfeasance in office is 2 - 5 years, depending on the state. I don't have MN's statutes to hand, but I'd be quite surprised if it was longer than 5.
  • 03-01-2009, 06:33 AM
    BOR
    Re: Malpractice by a Government Offical
    Quote:

    Quoting brandybrown
    View Post

    All charges ended up being dropped on all that were arrested. We were all returned to our parents, this is after they all lost their jobs, houses and good name.

    It turns out that the prosecuting attorney ended up being charged with false arrest and other items that put her in prison for a while.

    My question to you is do my brother and I have a chance at bringing the state of Minnesota to justice for what they did to us when we were younger? We are both now in our 30's and have been diagnosed with the mental issues I spoke of earlier. Could you please tell me if the statute of limitations has expired or do we still have some legal standing in the case?

    Thank you,
    Brandy Brown
    Iowa


    What you describe is NOT Professional Malpractice. False arrest is a federal and state constitutional issue.

    As you so rightly inquire, what is the SOL?

    If you were to sue under the federal civil rights statute, the Civil Rights Act of 1871, codified at, 42 USC 1983:

    http://www4.law.cornell.edu/uscode/h...3----000-.html

    The SC has ruled, in 1988 I believe, the SOL to sue under 1983 falls under that state's personal injury statute.

    I also have not checked, but it seems very unlikely it would even be 10 years in duration.

    The same is applicable to a STATE law claim, the SOL has long passed, no doubt.

    Your ONLY hope, and this is just as a general example, is if the SOL was "tolled" somehow, meaning it "stopped" for some legal reason.

    I see no indication of such. Of course you can pay an attorney to look into it. It may cost $3-$400 and the answer, I am afraid, would be you have no case. If it is that important to you, you of course can try, but do NOT get any hope up, just so you don't feel low if you try and fail.
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