UPDATE: Getting Arrested for Recording a Public Facility in Public -- How far can the police go to investigate their suspicions? 11/11/2017
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If you file in State Court and the Defendants REMOVE to Federal Court,
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If you file in State Court and the Defendants REMOVE to Federal Court,
you CANNOT file a Motion to Appoint Counsel!
If you file Pro se, FILE IN FEDERAL COURT with the fee waiver.
TAKE THIS ADVICE: Check your STATE bar association website, and search, first in your location zipcode, then in nearby major cities or places near the courthouses or justice centers. Check for CIVIL RIGHTS, TORT, PERSONAL INJURY, and/or LITIGATION.
Counsel often has offices nearby where they do their work, which is the Court!
Check for the website, and e-mail/form contact them. ALL OF THEM. Yes.
You MUST do this if you want to argue that you should be Appointed Counsel as an indigent (IFP) Plaintiff under Section 1983 with any degree of success.
----READ THIS STRATEGY---
RESOLVING THE QUALIFIED IMMUNITY DILEMMA: CONSTITUTIONAL TORT CLAIMS FOR NOMINAL DAMAGES
by JE Pfander - 2011
File for Nominal damages ($1.00) only in Federal Court as proof of claim to avoid invoking Immunity?!
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REMEMBER: You are not alone -- Everyone can hear you; Sometimes you need to raise your voice. You also must do the work, and remember, it will be hard, and you may be frustrated beyond belief and even unsuccessful. This is a chance to learn, and hopefully prevent the police from violating rights without consequence for their actions.
by Ben Rosenfeld, Attorney, San Francisco, CAFormer Board Member, Civil Liberties Defense Center
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STEP 1:
It just happened - You were the victim of Police Misconduct!
FIRST AND FOREMOST:
How are you feeling mentally and physically?
There is proven benefit from speaking with a medical and/or mental health provider if you are experiencing symptoms of General Anxiety, Angry Outbursts, Avoiding People/Places/Things, Depression, or just to have someone on your side to talk to.
Your State and County should have resources for FREE CLINICS for mental health.
These are non-profit organizations that offer Counselors, Medication and Care Co-Ordinators,
and access to Psychiatric Nurses/Doctors as well as many other services.
and access to Psychiatric Nurses/Doctors as well as many other services.
Google "Mental Health Services" to begin your search.
Read reviews and articles online to help decide on a facility, or research self help techniques.
OK!
NOW, you are ready for
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How to File an Effective
Police Misconduct Complaint:
Police misconduct can take many forms - direct physical abuse, abuse of discretionary powers to arrest, harassment, retaliation, etc.
Follow link below for great resource on filing a complaint
BESIDES THE MISCONDUCT COMPLAINT TO THE POLICE, YOU WILL NEED TO PREPARE
STOP!
GO TO A FREE LEGAL CLINIC!!
Look for your County Bar Association for referral services for free or fee-for-service legal advice.
YOU NEED THIS TO START TO CLARIFY PROPER TERMS TO RESEARCH!
This damage claim will be used in your pro se Legal Complaint in Court.
You must follow the procedures outlined in State law and City ordinance regarding Tort Claims, including the initial filing and waiting the required response period before filing your pro se Legal Complaint
No one in your City Government is ultimately obligated to follow their own rules, unless a third party with authority can make them!
LOCAL:
City Attorney's Office, City Council, City Manager, Mayor, Office of Risk Management, Ombudsman's Office, Local Police Departments
COUNTY:
County Council members, County Sheriff
STATE:
State Representatives and Senators, U.S. Senators for your State, State Patrol/Police, State Attorney General, the Office of the Governor and LT Governor,
FEDERAL:
the FBI - Civil Rights Division, the Department of Justice, ACLU legal team in your area
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STEP 3:
NO PUBLIC OFFICIAL in the City, County, or State will help your case!
Police dismissed your misconduct complaint!
City dismissed your damage claim!
Now that you threatened to sue, no one will even investigate until you file a Summons and Complaint!
IF you can even find one with time to take the case before time to file is expired!
It's not about Right or Wrong anymore.
It's always about how much Time, Money, and Ability you have to make your case,
and you may be feeling the strange feeling that it may be easier to take the law into your OWN hands.
This anger is understandable (you may need Rx medication and counseling),
but try to use your energy to research your options.
This is where many victims simply give up in order to keep living.
... but now, "A Better Way! Pro Se!"
