Malicious Prosecution- Explained in Plain English!-Torts- Law school
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- เผยแพร่เมื่อ 23 ก.พ. 2021
- Here I am explaining what malicious prosecution means according to the black letter law. Again, this is very popular for multiple-choice questions. Comment below if you have any questions or concerns or request for more videos.
This is for legal education only, not legal advice!
Thanx for making my life in law school bearable and worth the fight.
Thank You Samuel Very Good God Bless you on the Bar Exam. Excellent Teacher!!!
Thank you much, excellent explanation. I (landlord) won an unlawful detainer lawsuit (base of lawsuit was 3-day notice to pay rent or quit). Tenants requested a jury trial where they alleged apartment was uninhabitable. 12 jurors ruled in my favor as public health inspector testified they never found rental unit uninhabitable. Same day I won opposing attorney told me "watch what I will do to you, tell your god this is not over". After tenants were evicted they sued me alleging the same issues brought on UD trial. My insurance settled the case (without my consent, I wanted to go to trial). I plan on suing for malicious prosecution because the tenants and their attorney retaliated and have caused me financial problems in addition to injury (going through depression, tension headaches, etc). My doctor and therapist are both concerned with my health arising from frivolous lawsuit. UD was late 2019. Civil lawsuit mid 2020.
Good luck, really interested in hearing how that comes out.
I am currently seeking help in filing a malicious prosecution case. I was prosecuted twice in the same year, by the same assistant district attorney. In both cases I was found not guilty, and one case charges were dropped due to lack of evidence, in another case I was found not guilty by jury. In the case of the jury trial, there was video footage of the alleged crime that was used by my defense to free me; the same video footage was used by the prosecution to justify filling a the charge in the first place. I was in county jail for two years fight these charges. I lost everything in those two years, even my children were placed in foster care, do to my absence.
Unfortunately there are statutes of limitations on tort claims. In Oklahoma it is 1 year. Be sure to check your state's statutes. We haven't been able to find an attorney to represent us, so we are going at it ourselves. We have successfully filed 3 torts for police brutality and excessive force and we are now waiting out the 90 day response time to file the lawsuits. Also be sure to attach any and ALL supporting documents to your claim (medical records, receipts, etc). Good Luck to you. If you need any help with writing your tort claim give me a holler. I am not an attorney. I am just an ordinary person having to do my own shit to hold corrupt county officials accountable.
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@@washingtoncountyrealityche3898 I’m scared because the spot statute of limitations have passed and they are threatening my family and they will kill one of us even if it’s me
Dammit and read them in my research it gave me a twister. Had a fact I got it all written down in the right in the rain with my red pencil from Home Depot and I can relay all these messages about ulterior motives and lawyer fees and what not and the intentions and getting the evidence and all the stuff so if you want to get your bar, I’ll scratch your back if you get mine you know it’s been hurting you know, but there has been a lot of design in malice, especially with a JT versus a state of Tennessee thank you sir federal court issue that bitch that prosecutor female needs to be locked up and I’d love to see her in handcuffs.
@@TheoryOfCompetingArms get a dashcam in your vehicle, home security, and record everything with your phone and post online.
Thank you so much for this video. You explained it way better then my lawer
OMG! Thank you! I am writing an massive essay to argue malicious prosecution of humanitarian workers (long story) and I loved how you explained it ! So helpful!. Subscribing :)
spot on, thank you for detailed explanation.
Question: ...for a criminal proceeding, would the Plaintiff also be required to have successfully petitioned the court for a finding of factual innocence?
It is my understanding that factual innocence is highly difficult to achieve, requiring a much higher standard than probable cause alone.
Apologies in advance if previously asked/answered.
Well said, and well understood!
Great explanation. Thank you
Thank you Sammy this was really help 🙇♀️🙇♀️
Thank you! Keep up the great work! 🤝
Thanks for sharing 🤝
I like your videos and I am learning a lot from them this one actually makes me think that I might have a case for malicious prosecution but I still don’t know exactly. Do you know what are the statuses of limitations in Colorado for a civil lawsuit of malicious prosecution?
So helpful🙏❤
Thank you for this. Queation: What are the options to overcome a Judge's Final Order using FRCP? Example: Rule 40(b) or an amended pleading?
Does the tort claim go to the county or state when filing a claim against the district attorney's office?
I needed to see this video
Please can you make a tutorial video on Nuisance in tort ?
Are you licensed to take cases in las vegas nevada. What you described to me is the exact same elements i have for my case to fit in malicous prosecution
My ex keeps filing harassment charges against me and they keep getting dismissed. His intentions are to get child custody so he doesn't have to pay child support.
Do you have a draft on how to write up such a complaint?
The defendent and his lawyer collaborated in malicious prosecution, but can both be sued?
I understand misuse of process is different, but misuse of process allows you to sue the government when a judge did wrong.
Do you do consultations?
I appreciate this video. I witnessed my female manager watching porn with 2 colleagues. I filed a sexual harassment complaint with my state and EEOC. I work for a NY politician. General counsel brought me up on charges. Smh I experienced first hand vindictive prosecutorion and judicial misconduct. You explained this very well and gave me more information to add to my grievance complaint. I am happy that you are sharing your journey with us. You said like an attorney already. 👏👏👏👏 hand clap
Is this inversely similar when... a private business, who is open to the general public, uses 911 call to retaliate against a patron who brought attention to product quality? asked to talk to the manager, was never asked to leave, detained for trespass by 2 leo, business is regulated by the state statute and local municipality? LEO wouldn't accept complaint for false 911 call. Or is this an Abuse of Process...or abuse of 911 service for malicious purposes?
Malicious prosecution would result in the defendant being cleared of any and all charges.?
Didn’t they just change #2 saying it must be in that favor
I don’t know what’s happening but someone slandered me at my place of work out of malice and they’re mentally ill so this is nice to know
I have video from a store surveillance camera that shows a man pick up my dog and throw him 20 ft I grabbed the man the police saw the video I was arrested for assault and battery it looks like I'm going to beat this case I want a sue everybody can I
I have a few questions
#1
i got charged with a violation of a restraining order second or subsequent and never got a first charge lol.all from a jealous sibling that couldn't handle me being fiduciary of my parents estate and tried to steel everything.to the point i had to give the rights up to my lawyer so she would stop calling cops falce accusations to state police dr.s ect.cant wait to go to trial.got dr.s and family members state police records all showing her wrong.i never did the first vuolation to get the second.the states attorney is trying to get me on habitual charges but lol they got no record of my first because it never happened and i never did the second.lol
In my circumstance of being profiled and beat up by a policeman who fabricated a scene, the attorneys and judges for the state realize that I was innocent and they pressed a malicious prosecution against me and their motive was to obtain qualified immunity for themselves and to protect the top so it was a little more difficult in this kind of situation because nobody actually filed from a private side.
There's a lot of perspectives of entrapment on my situation having to defend myself and being implicated into the system through police misconduct.
I am looking into federal charges because these people sit in offices and agencies rather than petition with the courts to file their claim against me so it runs deeper in that circumstance.
Violations and use of taxpayer dollars and resources included on their part.
Here is the video that I was able to create
th-cam.com/video/AnH5UytGTCU/w-d-xo.html
Your perspective is good because it's not always cut-and-dry because of where it's coming from because it's very hard to see unless you're standing in my shoes.
Pre-loaded education is the key.
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Question: How is a traffic stop/ticket/infraction a CRIME without a standing party of damages Sherar vs Cullen ?
Let's say a automatic license suspension for a debt for unpaid tickets ruled on without a trial or any due process,
How does this become Criminal at a traffic stop on a public road of which is a public right, so is my ability to drive if driving is going to be regulated I should have a right to challenge the constitutionality of such statute of it conflicts with the constitution and basic reason a person would want to get from point A to point B without becoming a Criminal...
Consider myself stupid on the subject, I in no way know what I'm talking about, but the question is there on something poor people, and or people of color deal with everyday in this country for generations now and I actually want to know, especially after George Floyd...
I understand the man was high, he had passed a counterfeit 20 while being high, or in his right mind, yes I get it, even the store gave subject matter jurisdiction for law enforcement,
But he didn't deserve the treatment or punishment until he died, that's fundamentally wrong to the core of being human...
And many people have lost their lives at a traffic stop for a traffic infraction, and are no longer alive because the interaction alone.
Since you bring up the subject of traffic infractions, I too don't understand the system. You are labeled a motorist in these citations and practically have no rights when you enter into their administrative chambers. I had 2 separate hearings (not trials) at the DMV TVD during the height of the Pandemic back in 2020 and 2021, when they were allowing officer's to call in to submit their testimonies. There was no concern for those of us who appeared to challenge the tickets and the ALJs made guilty determinations without the need of clear and convincing evidence. I have proof of this in transcripts from the tapes. Many were robbed of their due process rights during this period as all the proceedings were arbitrary and capricious.
@@dorydeviance3774 good to see someone else in the know...
Well I'm currently going through a few federal lawsuits pro se dealing with this BS, and what I found might help but I can't confirm yet because all I'm about to share is real time...
But here's how you handle tickets, or any case without a standing party of damages, these lower administrative courts are voluntary and operate off CONSENT... Title 28 USC 636 and federal rule 73 explain the magistrates in administrative law need the CONSENT from all parties...
CONSENT is equivalent to showing up... Or not showing up without rebuttal...
The whole scam/fraud is exactly that simple because the very first thing a citizen should do against any claim against him is motion to dismiss for lack of subject matter jurisdiction... Yes this court doesn't recognize the constitution or rights, but they made a claim on the record against you,
You 100% have to rebut or challenge such in WRITTEN OBJECTIONS on the record so you can produce such evidence,
Do you see the hustle, everyone just shows up to argue such traffic laws, but nobody challenges subject matter jurisdiction on the record because once that's done the court has to establish it on the record which they can't...
Thus, you also have evidence in a federal lawsuit which are material facts... Federal rule 60b is where that would be,
But if I were you I'd stop going to court and actually motion the court to dismiss because without subject matter jurisdiction there's no personal jurisdiction...
Only a standing party of damages can a court have both with affidavits of fact etc...
I would like to get an attorney to answer this but what is also fact is all attorneys and judges are Bar members and officials of the courts, and they cant give away money by educating the people...
But I give this free because I'm in the middle of war against multiple state agencies, I've been on live PD which kicked this intrusion into my life by moving to a different state after divorce to be a father,
I'm attacked by all law enforcement agencies, child support, and DMV, but after I started suing they act like they can't see me lol but the federal court is no joke, it's ridiculously set up against pro se, and I've been hanging around since 2019, one case I'm arrested for pleading the fifth handing my attorneys business card, I was called a sovereign citizen 🤣🤣
It's a joke, a game, and if you don't know the game these creeps capitalize on your ignorance... Thus far it seems to be legitimate, I'm also learning to write my own default contract with my motions saying failure to dismiss or respond in 21days is agreement to waive immunity and protections from federal claims, and you agree to all liability from any all damages resulting from such void judgements...
That will be material facts in a federal suit, flip how they treat you and beat them, because you don't have a claim without a rebuttal of original tickets or charge...
Hopefully this helps, and I would definitely look up everything I said, I'm not afraid, it's all there in anyone's face trying to learn, and I give out gems freely because I hate these people and I so wish everyone hit them back...
@@jeromegarcia5396 Believe me I'm with you in this fight Jerome. I'm familiar with the challenge to jurisdiction and making special appearances in these Admiralty courts. I also sat through several cases as an observer and couldn't believe how easily they dupe people into believing they are guilty and practically extort money from them.
In my case I stood there and challenged everything from the sufficiency of the simplified information/ticket to the arbitrary practices they were pulling on me. I even prepared a statement and accused them of committing multiple counts of fraud (felt so good stating everything on the record). My strategy may have not been fool proof enough to get me out of a guilty decision from what we all know is a bias judge, but im sure my statements were not without merit.
Also I appealed both decisions with strong arguments only to receive a cut n paste letter of rejection from the appeals division. I feel defeated because these cases should've easily been dropped in my favor but the reality is I'm amongst those who have been duped by a fraudulent system.
@@dorydeviance3774 now you know the power is in written motions to bind them and hold them accountable... Godspeed on future endeavors...
Where are you located? I will buy you a plane ticket. I need help ASAP
Im sure He doesn't have the time to fly out to you lmao find someone local........
@@ironjohn5914 that’s funny how? These police almost MURDERED me!! No time for JOKES!!Jokester!
@@mariegrayson628 find a civil rights lawyer near you........
Help me get this civil money. Ill break bread with you. Or point me to a good lawyer. Thats not under they umbrella you feel me.
Hi do you have an email address?
Now i have a major civil suit and everybody ruining. Im looking for a lawyer now. For the last 2years i had a public defender that i never trusted. She new i innocent. My name is john Rayford.
I have all thos elments against me.
wear a mic, can't STAND videos recorded from across a room