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  1. #1
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    Default Unlawful Detention Lawsuit

    Any state (Federal): When detained unlawfullly should you fight the fact or the length of detention and should you file under civil or criminal law?

  2. #2
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    Default Re: Under Which Law to File a Civil Action

    You seem to indicate this person is STILL in custody, correct??


    If detained past arraignment time with no justification, it would seem a Petition for a Writ of Habeas Corpus would be remedial. Although this is a civil filing, the Rules of criminal procedure/constitutional law would no doubt be cited as authority.

  3. #3
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    Default Re: Unlawful Detention Lawsuit

    When I started an action for deprivation of civil rights I was detained; I did it under 42 USC 1983 and it was proposed for construction under 18 USC 2241. I was afraid for the latter and could no longer stand detention and terminated the action.

  4. #4
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    Default Re: Unlawful Detention Lawsuit

    Quote Quoting vanhoef
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    When I started an action for deprivation of civil rights I was detained; I did it under 42 USC 1983 and it was proposed for construction under 18 USC 2241.

    Title 18 is the US Criminal Code. A 1983 action can be based on that or any other constitutional/statutory violation. A 1983 complaint is a CIVIL action.

    Any CRIMINAL charge under 2241 is brought by the US Attorney's office in criminal court.


    18 USC 2241

    Does this help any??

  5. #5
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    Default Re: Unlawful Detention Lawsuit

    I was redetained on a redetermination without change to the record - the charge was based on an unjust conviction on which I had received a bond. I was thus redetermined without cause and believe my action under 1983 was correct. I argued this fact (fact of detention -unjustifiable redetermination) and asked damages for each day of detention.

  6. #6
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    Default Re: Unlawful Detention Lawsuit

    Quote Quoting vanhoef
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    I was redetained on a redetermination without change to the record - the charge was based on an unjust conviction on which I had received a bond. I was thus redetermined without cause and believe my action under 1983 was correct. I argued this fact (fact of detention -unjustifiable redetermination) and asked damages for each day of detention.
    Were you subject to sexual abuse as defined in 2241 while incarcerated??

    If this is the case, it matters not how long you were detained, legally or illegally.

  7. #7
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    Default Re: Unlawful Detention Lawsuit

    No not at all.

  8. #8
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    Default Re: Unlawful Detention Lawsuit

    Quote Quoting vanhoef
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    No not at all.

    How is 2241 a valid Cause of action then??

    Edit:

    Are you "by chance" talking about 18 USC 241??


    18 USC 241

  9. #9
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    Default Re: Unlawful Detention Lawsuit

    The charge by DHS was under 237 (2)(a)(E)(i) for an unjust misdemeanor conviction. The situation was turned around. That means, I had been followed for a few year with computer crime and escaped the interference with my work twice cross country and then decided not to worry anymore. I was setting up my company and the missed papers and went to this alleged suspect to request return. This person had send me a message in the past if I would be in contact stalking charges would be filed.

  10. #10
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    Default Re: Unlawful Detention Lawsuit

    The only thing I can find with "DHS was under 237 (2)(a)(E)(i)" as I keyed it in, was under Title 8, US Code, Aliens and Nationality. Am I right??

    You did mention the Code title and I did not know what DHS was!!

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