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  1. #10
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    434

    Default Re: Us 1983

    Quote Quoting castor
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    Yes I'm referring to 42 USC 1983 - the 14th amendment guarantees equal protection under the law. If I am not allowed an attorney while the defendant is in small claims - isn't that a violation of due process and civil rights? If not, please explain why?
    If you wish to argue a Procedural Due Process violation, you do just that, it does not fall under 1983, nor as a EP claim. A 1983 complaint is just that, a Complaint for damages and or Declaratory/Injunctive relief.

    If a Judge violates DP, then on appeal argue that. An Appeal is not a legal injury, it is asking a higher court to review a case on any alledged assignment of error, here, violation of DP.

    Since you said MI small claims are not subject to appeal, the most you can do is write the judge/referee with your statement of opposition.

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