Results 1 to 9 of 9
  1. #1
    Join Date
    Jun 2007
    Posts
    636

    Default Statute Of Limitations for Suing the State

    My question involves civil rights in the State of: Michigan


    A couple years ago my house was broken into. The state police responded to the 911 call. The people that broke into my house took off before the police got there. How ever before they left they were confronted by me in my house with my little friend Ruger .40Cal. Well needless to say the individuals that illegally entered my house as well as illegally entered my property. Were never charged nor were they ever sought by the police. How ever I had things stolen and property damage done.


    How ever I was charged for felony assualt with a deadly weapon. How ever the charges were thrown out of court by the judge with prejudice which from what I was told I could be charged again with these same charges if the police ever find the individuals.

    Now the evidence that was used against me for the charges were my wife on the 911 tape, and the report I freely gave to the police that responded being I was the complaintive I was never read my rights. Nor was I under the impression that I was going to be charged or implicating myself.

    Since this I have been trying to find someone so I may take legal action against the state. Since the state police are the ones that responded to the 911 call. Which it took them 45 minutes to responded to a home invasion call.

    The only reason I was charged is because I filed a formal complaint against the Officer that took the report. Then I filed a formal complaint due to his conduct. He was punished for his conduct then I got charged. The people that broke into my house did not file the charges against me.

    This happened 3 years ago. Being I have been trying to get legal representation for this. I am worried that there maybe statue of limitations on how long I have to file a court case for this. But I guess no lawyer in Michigan wants to take this case.

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Statue Of Limitations

    Quote Quoting bigcountrysg
    View Post
    My question involves civil rights in the State of: Michigan

    How ever I was charged for felony assualt with a deadly weapon. How ever the charges were thrown out of court by the judge with prejudice which from what I was told I could be charged again with these same charges if the police ever find the individuals.
    Wrong. A dismissal WITH prejudice means it can not be refiled.


    This happened 3 years ago. Being I have been trying to get legal representation for this. I am worried that there maybe statue of limitations on how long I have to file a court case for this. But I guess no lawyer in Michigan wants to take this case.
    Yes, there is a SOL on ALL torts. The USSC has ruled that a section 1983 action, deprivation of rights under color of law, 42 USC 1983, is subject to that state's SOL on actions, if that is what is intended to be sued under.

    You can review some of MI'S here:

    http://www.legislature.mi.gov/(S(rm2...e=mcl-600-5805

  3. #3
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Statue Of Limitations

    Quote Quoting BOR
    View Post
    Wrong. A dismissal WITH prejudice means it can not be refiled.




    Yes, there is a SOL on ALL torts. The USSC has ruled that a section 1983 action, deprivation of rights under color of law, 42 USC 1983, is subject to that state's SOL on actions, if that is what is intended to be sued under.

    You can review some of MI'S here:

    http://www.legislature.mi.gov/(S(rm2...e=mcl-600-5805

    The law you posted with pertains to dating relationship. Which is not the case with my situation. My wife did not call the police on me. She called the police for me. As I was confronting the idiots that broke into my house. I am by definition of law Federal Law Enforcement. There for being trained and armed I felt for the safety of myself and my wife I should confront the individuals who illegally entered my house.

    Ok my fault BOR I meant With OUT Prejudice.

    My defense lawyer told me if I did file suit against the state it would be in Federal Court. My Defense lawyer told me that I have a case but it is not his specialty. He referred me to some lawyers. How ever being they are in Michigan they don't want the case. They are worried about there profession. Which I can understand that.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Statue Of Limitations

    Quote Quoting bigcountrysg
    View Post
    The law you posted with pertains to dating relationship. Which is not the case with my situation. My wife did not call the police on me. She called the police for me.
    You did not read further, there are other SOL's, such as :

    (5) The period of limitations is 2 years for an action charging malicious prosecution.


    Ok my fault BOR I meant With OUT Prejudice.
    Oh okay, regardless, there is probably no jury in the world, IMO, that will convict you even if it went to trial. I would not loose any sleep over it.


    Even if the jury feels you acted outside the law there is a doctrine called "jury nullification" which in effect, states, we as the citizenry are tired of you people in power charging us citizens with crimes that should not be crimes to start with. They in effect nullify the charge and find you not guilty.

    ]My defense lawyer told me if I did file suit against the state it would be in Federal Court. My Defense lawyer told me that I have a case but it is not his specialty. He referred me to some lawyers. How ever being they are in Michigan they don't want the case. They are worried about there profession. Which I can understand that.
    Federal court or state court, the venue is up to your attorney, but state courts are generally not divested of causes of actions arising from Federal law.

    Keep trying. Of course you can always file suit yourself, Pro se, but unless you are highly skilled in procedure, etc., it is almost a loosing battle.

    Continued good luck though.

    BOR

  5. #5
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Statue Of Limitations

    I will keep trying to find a lawyer. I have spoken with several already that do specialize in this. They all say I have a good case. How ever none want it because they are members of the Michigan Bar. I can't say that I can argue with that. I mean who would want to commit professional murder to there career. Although this type of case may bring them more clients.

    I am not worried about it going back to court. Especially since a new law was past just after my court case. Which protects citizens, in my opinion this new law should have been passed prior to the right to carry law that Michigan passed a few years ago.

    Which brings another part of my situation. The Officer that responded stated that he was going to make sure I was going to loose my ccw. One thing he did not know is that I don't have a CCW, I am not entitled to have a CCW and that I fall under the Law Enforcement Officers Safety Act. Although none of that pertains to this. Since this incident happened on my property. But I took his statement as a threat to my 2nd ammendment rights.

  6. #6

    Default Re: Statue Of Limitations

    Fortunately, states like Colorado and Florida have the nifty "Make My Day" laws - so those of us in those states, upon finding some intruder in our homes, empty the clip first and ask questions later. Negates all the hassle of trying to figure out whodunit and where they ran off to (and not linked on CCW in any way, if you're in your home), not to mention the cost savings to taxpayers of bypassing lengthy investigation, adjudication, and incarceration processes. Downside is that crimescene cleanup rates are pretty hefty (blood on the carpet is treated as hazmat) - but crime victim compensation and homeowner's insurance can usually address the bulk of it.

    Surprisingly, even though Florida recently passed additional legislation basically saying that even OUTSIDE your home (for those of us with CCWs), you don't have to flee first - it hasn't turned into the wild, wild west here.....yet.

  7. #7
    Join Date
    Jun 2007
    Posts
    636

    Default Re: Statue Of Limitations

    Michigan has passed a law that basically states you do not have to flee as well. But that law was passed after my situation was done in court. So there for it does not apply to me.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Statue Of Limitations

    Quote Quoting bigcountrysg
    View Post
    He referred me to some lawyers. How ever being they are in Michigan they don't want the case. They are worried about there profession. Which I can understand that.
    There are countless Michigan lawyers who will sue the police. It's not about concern for their jobs; if every civil rights lawyer you contact is turning down your case it's almost certainly because they either don't see it as meritorious or don't expect to recover a sufficient settlement or judgment to merit the time and cost of the lawsuit.

  9. #9
    Join Date
    Jun 2008
    Posts
    3

    Default Re: Statue Of Limitations

    Quote Quoting aaron
    View Post
    There are countless Michigan lawyers who will sue the police. It's not about concern for their jobs; if every civil rights lawyer you contact is turning down your case it's almost certainly because they either don't see it as meritorious or don't expect to recover a sufficient settlement or judgment to merit the time and cost of the lawsuit.
    Dont take this personally im not attacking you im just stating my opinion.Im sure this post is old,but im going to say that i believe your wrong about the merit of his case because im in the same situation here in tennessee and its no different than this guys case.

    For gods sake,the officer basically admits to the wrong doing in my case and noone will touch it because they dont want to screw up their professional relationships......4 to 5 of them just came out and told me that.

    The rest dont give an answer as to why. A 1983 action should have no cap on punitive damages-millions can be recovered.

    The justice system is so one sided,we need more attorneys that will accept civil rights claims. (as long as they are not frivilous) Instead of a bunch of pansies that at the end of the day only care about themselves. Selfish bastards! I laugh now when i hear a commercial for a law firm that mentions ANYTHING about helping their clients.....we all know its really all about helping the attorneys make money they dont give a rats butt about their clients.

    "hurt in a car accident, call XXX-XXX-XXXX let us steal some of your money!"

    Im starting college this fall for pre-law and im HOPING by the time im out of law school i wont be the same money hungry chump 95 percent of these zombies around here are.

    Cant attorneys make money AND do the right thing? Is it so hard to work for the honest person?

    1. Sponsored Links
       

Similar Threads

  1. Defenses: Statute of Limitations in One State but Incorporated in Another
    By fishbait in forum Civil Procedure
    Replies: 5
    Last Post: 05-16-2011, 07:11 AM
  2. Child Abuse: Statute of Limitations on Suing Over Abuse
    By reynolt in forum Abuse and Neglect
    Replies: 2
    Last Post: 02-18-2011, 12:40 PM
  3. Collection Lawsuits: Statute of Limitations for Debt, Non-Community Property State, No Borrowing Statute
    By msnerd in forum Debts and Collections
    Replies: 2
    Last Post: 09-05-2010, 08:32 PM
  4. Statute of Limitations in a New State
    By jellybeanz in forum Orders of Protection
    Replies: 1
    Last Post: 01-23-2010, 06:24 PM
  5. Collection Lawsuits: Florida Lawyers Suing Despite Statute of Limitations
    By junker in forum Debts and Collections
    Replies: 4
    Last Post: 12-30-2007, 04:33 PM
 
 
Sponsored Links

Legal Help, Information and Resources