Tips and Tricks
Very important things to remember.
Remember nothing in your lawsuit can say anything that may not be true, otherwise you will not win, you must only “allege” and “plea”. Everything the judge grants he/she must also agree with. That means you have to write it under the assumption that he or she agrees with everything you have written. No blanket accusations because that is not something the judge would likely agree with since he does not know who you are referring to. There also must be absolutely no probable cause that is the first thing they will look for, and the first thing the Attorney General for the state will bring forward, you must not have abused your children and their must be no evidence that proves your children were hurt by you.
- Do not make opinion focused statements:
- The social workers always take children for money.
- The social worker was “probably” lying because….
- The states attorney must know that the…..
- Stick with facts in chronological order:
- On or about July 1st 2020 James West did make a statement in court…
- At the Regional Justice court house downtown on July 5th 2020 at 5:00
- Defendant Smith sent the Plaintiff a text at 6pm on Jan 5th 2020
At the end of each numbered statement when it applies to the statement, its long but it helps to add:
This action or omission committed by Defendant Smith violated the Plaintiffs federally protected civil rights under the Equal Protection Clause in the Fourteenth Amendment of the US constitution. Defendant Smith acted with reckless disregard to the rights of the Plaintiff at all times relevant to this complaint.
The judges will read each number and they may assume you are just telling a story, you must specify in each number which right they violated, a place, time and date. You must also always specify the correct defendant in each allegation. The judges are not required to pretend they know how you will write your complaint so it is important to repeat a lot of things that matter throughout your complaint.
Keep it simple and to the point.
Federal Rule of Civil Procedure 8a2 provides that a complaint must contain a short and plain statement of the claim showing that the pleader is entitled to relief. In Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S.Ct. 1955 2007, the Supreme Court revised the liberal construction of the Rule 12b6 pleading requirement derived from Conley v. Gibson, which stated that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99 1957. Rios v. County, Civ. No. 08-1213 JH/GBW, 3 D.N.M. Aug. 6, 2009.
- Never use your children’s full name or even birthdate only initials.
- Never add a persons name to your lawsuit that is not a party to the case.
- Otherwise they may sue you for it later.
- Add links to evidence, redact any persons information that is not a party to this complaint.
- Add screen shots into your lawsuit. This is allowed, check your state for specific rules.
- If you have your discovery(ask your attorney for it) then refer to page numbers in your discovery if you have to.
- Always explain how you know things that normal people from the outside do not know.
- If your case is open they will not be able to see much so be as specific and detailed as possible
Read your states constitution
The Court uses a two-part test to determine whether a private individual’s actions constitute state action for the purpose of a § 1983 claim. First, the deprivation must be caused by some right or privilege created by the State, or by a rule of conduct imposed by the State, or by a person for whom the State is responsible. Id. quoting Lugar v. Edmondson Oil Co., Inc., 457 U.S. 922, 937, 102 S.Ct. 2744 1982. Second, the party charged with the deprivation must be someone who may fairly be called a state actor. A party can satisfy this requirement if he is a state official, if he has acted together with or has obtained significant aid from state officials, or if his conduct is otherwise chargeable to the state. Id. quoting Lugar v. Edmondson Oil Co., Inc., 457 U.S. 922, 937, 102 S.Ct. 2744 1982 Rios v. County, Civ. No. 08-1213 JH/GBW, 5-6 D.N.M. Aug. 6, 2009.
- List state laws they violated and how, this will usually remove immunity, you must know that state statute numbers.
- State created right are also listed in your states constitution and are similar to the US constitution yes add these.
- You must write “federally protected civil rights” not just civil rights.
- Certain statements are almost required:
proximate cause of the injuries,
clearly established rights,
performing a public function.
From the outside looking in.
Plausible in this context refers to the scope of the allegations in the complaint: the allegations must be such that, if assumed to be true, the plaintiff plausibly, not just speculatively, has a claim for relief. Robbins, 159 F.3d at 1247. See also Twombly, 550 U.S. at 563 Rios v. County, Civ. No. 08-1213 JH/GBW, 4 D.N.M. Aug. 6, 2009.
- Plausible means in a way that seems reasonable or probable.
- Your claim must seem likely to believe.
- Describe things like facial expressions, color of their clothing.
- Write their statements in “quotes” like you are writing a book.
- Get an expert quote online to “lifetime mental health costs”
- Explain how your children are still young and CPS may be back.
- You can add your children’s mental health costs as well.
- Mental health diagnosis incurred by the Defendants actions.
- Amount of child support you paid.
- Amount of time you wasted, gas to visit your own children.
- Amount of title IV-E funding your children accumulated.
Find the correct rights violated.
The Plaintiff must first show that either she or D.R. has been deprived of a constitutional right. Id. at 1202. Plaintiff must then show that defendants deprived them of this right acting under color of any statute of the state. Id. In order for these claims to be brought against a private individual such as Fielder, the Plaintiff must present sufficient factual allegations to assert that he was acting under color of state law. Rios v. County, Civ. No. 08-1213 JH/GBW, 5 D.N.M. Aug. 6, 2009.
After writing facts in order, you will then list rights violated and under each one you must make a statement that they were acting under the color of law, what this means is they were using and abusing their badge and the immunity granted to them by the state.
Most commonly rights violated:
- Fourteenth Amendment
- Fourth Amendment
- First Amendment
- Fifth Amendment
- Right to speak freely.
- Right to Intimate Association
- Right to be free from Retaliation
- Right to redress
- Right to be free from illegal seizure
- Right to equal protection
- Right not to self incriminate
- Right to familial association.
- Equal Protection Clause
- Search and Seizure Clause
- Warrant Clause
- Due Process Clause
- Establishment Clause
When suing a person contracted with the state:
Plaintiff does not allege that Fielder was performing a traditionally public function. There are no facts stating a close nexus between the State and the alleged conduct. Nor does the complaint describe an intricately interwoven relationship between Fielder and Wright, a state agent, or between Fielder and the State itself. Rios v. County, Civ. No. 08-1213 JH/GBW, 8 D.N.M. Aug. 6, 2009.
This means that you must use the words above:
Defendant Smith had a close nexus with Miss Tony the Plaintiffs childs teacher at school, the Plaintiff alleges they conspired together through emailing each other and they planned the childs removal. Defendant Smith and Miss Tony had an intricately interwoven relationship then you explain how in detail…..
Who would be contracted with the state:
- Police officers
- Foster parents
- Adoption agencies
- Court officials
- Visit monitors
- Hospital administrators
Pretty much any mandated reporter is legally contracted with the state. Other people like counselors are paid by the state but also are under contracts.