Results 1 to 9 of 9
  1. #1
    Join Date
    Oct 2009
    Posts
    10

    Default Suing a Sheriff's Department

    does anyone know if a Tort Claim needs to be filed if the case is filed for Federal Court. My attorney seems to think he dosen't need to file the tort claim since we aren't going to file in my county?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Tort Claim

    if you are going to sue based on a tort action, you have to file it with the courts.

    If that does not answer your question, you might try rephrasing it so it makes some sense.

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

    Default Re: Tort Claim

    Quote Quoting Hogster
    View Post
    does anyone know if a Tort Claim needs to be filed if the case is filed for Federal Court. My attorney seems to think he dosen't need to file the tort claim since we aren't going to file in my county?
    Yes, rephrase!


    State tort or federal claim? You can't file a tort claim based soley on state law in federal court.

  4. #4
    Join Date
    Oct 2009
    Posts
    10

    Default Re: Tort Claim

    I was charged for a crime and acquitted. We are now filing suit against our local sheriff dept….. my attorney said we will take it to federal court. Do we still need to file a tort claim?

  5. #5
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Tort Claim

    Quote Quoting Hogster
    View Post
    I was charged for a crime and acquitted. We are now filing suit against our local sheriff dept….. my attorney said we will take it to federal court. Do we still need to file a tort claim?
    No doubt he is going to file what is known as a section 1983 action, 42 USC 1983, deprivation of rights under color of law.


    The 1983 action OR whatever the Causes of actions are ARE a TORT claim, a Civil lawsuit/complaint. Why do you think 2 seperate actions are mandated?

  6. #6
    Join Date
    Oct 2009
    Posts
    10

    Default Re: Tort Claim

    Quote Quoting BOR
    View Post
    The 1983 action OR whatever the Causes of actions are ARE a TORT claim, a Civil lawsuit/complaint. Why do you think 2 seperate actions are mandated?

    My lack of knowledge or stupidity...what ever. The other attorney that I was going to go with kept on saying over and over that we had to file a “tort claim” within 6 months from the time I was acquitted. I didn’t go with him because he was wanting a substantial amount of money as to the guy I am going with is going to do it on contingency.
    Thanks for the reply

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Tort Claim

    Quote Quoting Hogster
    View Post
    My lack of knowledge or stupidity...what ever. The other attorney that I was going to go with kept on saying over and over that we had to file a “tort claim” within 6 months from the time I was acquitted. I didn’t go with him because he was wanting a substantial amount of money as to the guy I am going with is going to do it on contingency.
    Thanks for the reply
    Lack of legal knowlege, maybe, but don't label yourself stupid.


    Obviously he was concerned about a statute of limitations to file suit.

  8. #8
    Join Date
    Jan 2010
    Posts
    13

    Default Re: Tort Claim

    I typically would file the tort claim as a matter of precaution. Mainly to give flexibility down the road. A 1983 action does "not" require a tort claim to be filed and is probably why he does not wish to file the tort claim. He has the option to pursue 1983 actions in state court (still exempt from tort claim requirements) at which time tort actions could be filed as well. It may be that he believes federal court is a better arena and he certainly may be correct with his belief. Also, he may believe that adding additional causes is unnecessary and can cloud issues.

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Tort Claim

    Quote Quoting LawMan
    View Post
    He has the option to pursue 1983 actions in state court (still exempt from tort claim requirements) at which time tort actions could be filed as well.
    Although state courts are not divested of federal actions, such as 1983, if filed in state court, no doubt the govt. will Petition to remove it to federal court under 28 USC 1442 if the entity is federal. If not, and state, then 1441 may be a remedial removal try.

    1. Sponsored Links
       

Similar Threads

  1. Police Conduct: Constantly Pulled Over by the Police and Sheriff's Department
    By EdwardM in forum Police Investigations
    Replies: 25
    Last Post: 03-17-2011, 03:14 PM
  2. Defamation: How to Sue a Police Department or Sheriff
    By justlikeyou in forum Defamation, Slander And Libel
    Replies: 2
    Last Post: 10-19-2009, 01:23 PM
  3. Problems with Local Sheriff Department
    By masek77 in forum Police Investigations
    Replies: 2
    Last Post: 11-26-2008, 07:54 PM
  4. Assault & Battery: Suing My Local Township And Police Department
    By Infantry49 in forum Criminal Charges
    Replies: 8
    Last Post: 02-14-2008, 05:55 PM
  5. Defamation: Defamation of Character By a Sheriff's Department
    By tiredofthemess in forum Defamation, Slander And Libel
    Replies: 1
    Last Post: 11-29-2007, 07:36 AM
 
 
Sponsored Links

Legal Help, Information and Resources