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  1. #1
    Join Date
    Jun 2012
    Location
    WA
    Posts
    2

    Default How to Sue U.S. Customs

    My question involves civil rights in the State of: Washington

    I’m Canadian, and I need advice on a tort case against US government. Few months ago I traveled to the US, and on my way back there was a US customs checkpoint. My car was searched and I was interrogated, where I had to answer some ridiculous questions. I attempted to assert my rights, but they said I have no rights since I’m not a citizen.

    When I got home, I discovered considerable damage to my vehicle, which the agents had negligently searched. I called the nearest US customs office in Washington State, and demanded an explanation. The operator simply said that I could fill a tort claim form, and send a written complaint to a specified address. Which I did and received a written letter back from US customs stating they’re sorry for my inconvenience and they’d investigate my complaint.

    Well it’s been 6 months, but I haven’t been compensated for the damages to my vehicle. So I guess the next step is to file a tort lawsuit against the US government. Btw this took place at an inland checkpoint, not the customs stations at the border.

    Now I got a few questions:

    1. Can I do this myself, or do I need to hire a lawyer? I’ve only defended myself in traffic court, so my courtroom experience is limited.

    2. If I sue the US government, can I sue for a higher amount than the one listed on my tort form? I was originally only asking for damage to my vehicle, but I’d also like to sue for emotional distress, and violation of civil rights.

    3. How exactly do I file this lawsuit, motion for discovery, etc.?

    4. Will my case take place in state court or federal court?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Tort Case Against Us Customs, Need Advice

    1. You don't have the skills to do this. Federal court is nothing like traffic court. While some can do it pro se you have to be really on your game, Federal judges will not tolerate much.
    2. You have to sue for actual damages. You can't just make something up. What "emotional distress" do you have? What "civil right" do you envision you were denied?
    3. If you don't even know where to start looking for this, you've not got a prayer.
    4. Federal court.

    Frankly, your case isn't even going to be heard in Federal court until you get an adverse decision on the tort claim. You have to give the system time to work.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: How to Sue U.S. Customs

    Welcome to the U.S. We are all subject to being detained and asked ridiculous questions. You may have a claim for auto damages, however, you must sustain the burden of proof as to where the damages came from. I doubt you will overcome that burden or that the loss approaches the cost of litigation. It is even illegal for me to smoke in my work vehicle, until I exit the state of Ohio, because one of my coworkers might ride in it sometime. Almost makes you want to move to Canada Ehhh?

  4. #4
    Join Date
    Dec 2011
    Posts
    203

    Default Re: Tort Case Against Us Customs, Need Advice

    No emotional distress claim without physical injury. We have what is called the impact rule. And never for injury to property.

    You would have to sue under diversity of citizenship and the minimum in controversy is $75,000, which you could never meet. Certain federal rights statutes that are original jurisdiction don't have minimum amounts but no application to you.

    You have to exhaust all the procedures of the federal torts claim act before even thinking about suing.

    Federal court will take your $350 filing fee and spit you out like a revolving door.

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