Section 1983 Basics
ฝัง
- เผยแพร่เมื่อ 27 ก.ค. 2014
- Professor Sheldon Nahmod covers the basics of section 1983 for lawyers. He discusses the elements of the section 1983 claim, individual immunities (absolute and qualified) and local government liability. It also includes Tenth Circuit cases of relevance to this particular audience.
This presentation was given in December of 2013 to the New Mexico Defense Lawyers Association.
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This guy is a genius and very well
spoken on the subject
He betta preach. Money well spent. I will take out extra loans just to attend this school. Please upload more of his lectures. I would love to attend this school.
Alright now! Go head! Mmhmm! Let him use you!
Lol...bet you're still screwed TODAY.
Really enjoyed this professors insight into 1983 👏🏾
I think that he is the world's leading expert on this subject.
Sandy Servantes
Very helpful video, thank you, Professor: Shelon and you tube, very much for such professional legal information. Please continue with your programs, updated materials!
The real MVP around 21:00 Section 1983 can be used to redress Dormant Commerce Clause violations; which may include damages, injunctive relief, and Attorney’s Fees.
I’d love to see someone actually win, and see their process.
Now you know why lyiers will push a plea deal to a lesser crime. Once convicted, you cannot sue in Fed District Court.
Great lecture on civil rights.
hey Kent College, do you have a downloadable pdf of the packet he is referencing. What he has supplied to the audience. I am studding 1983's and would love to use this video and the packet as a study guide .
Do you want Ice cream and a Fanning by a slave to go along with that?...............
Seems he did a pretty good job, discussing the relative differences between relative and qualified immunity. A credit to the alma mater, i.e...IIT.
Thank you for this
Anyone out there want to help a blind veteran file some 1983 suits?
Fitting to find you here I suppose. Were you able to fight back?
@@JustinPulliam still working on it. They’re still prosecuting two frivolous cases against me. End of January is when both are currently scheduled.
Sue the judge n Proscuter for violation or ur due process.
I follow you
You are very good at what you do I hope you find what you are looking for.
I wish I had that depth of knowledge in any area of law.
I know this is 9 years ago, but it’s interesting to hear him discuss Heller and McDonald, post Bruen.
nice work man
How can I receive the outline from this presentation?
Thank you
Prof. Sheldon, Thank you very much. I'm interested in Judicial Immunity topic. I am wondering, can someone bring an action against the U.S. government to cover his or her damages relying on the FTCA or Section 1983 because of a federal judge action that causes damages to one of the parties. Thank you.
Uhh no.
Exactly, you go after someone personally. Their name and badge number, license number, or oath of office.
Do you have this in the outline form referenced or is it all attached in your description? I’ve watched all of your sec 1983 videos at least 10 times each so far and would love to have access to a hard copy or the like for reference? I am really needing to help set a precedent. Is there any way to contact you?
Attended a testimony hearing they informed it is civil and officer said he had a verified it with the state attorney general so after questioning him and getting that response..judge ask me if I wanted to take oath/testimony..i said no just wanna present my concerns.I ask the judge can I present my concerns and he responds you can present/say a statement that doesn't follow with any facts...I didn't respond but how do I get to ask the judge before other testimony..also I forgot to mention in special appearance when I arrived. I'm still learning and practicing. Need help perfecting my approach
thanks for the great information #overturnterry
In Hertado v. California, 110 US 516, the U.S Supreme Court states very plainly: "The state cannot diminish rights of the people."
And in Bennett v. Boggs, 1 Baldw 60, "Statutes that violate the plain and obvious principles of common right and common reason are null and void."
At 17:00 Nahmod makes the wrong citation.
the right is : REICHLE v. HOWARDS 132 S.Ct. 2088 (2012
Does one file a tort claim for a section 1983 lawsuit? If so what is the Statute of Limitations?
Yevgeniy Zharinov 1983 claims are considered a species of tort. The statute of limitations in 1983 cases is the same as whatever state you’re in for personal injuries....... The court will also exercise supplemental jurisdiction on all state law tort claims that are related to the federal claims based on Res Judica doctrine. Look it up.
@@Kingdom_Finance whats res udica doctrine?
Yevgeniy Zharinov, Res Judica is basically like double jeopardy in civil cases. It basically says that an issue can only be litigated once; barring any equity considerations. Therefore, when you bring a claim, you should bring all viable claims related to the incident.
Great work, although he is incorrect in a couple points- first the supreme court has ruled that an "unofficial policy" is subject to 1983 liability. Secondly, with respect to "failure to train" the nexus is more closely related to whether or not the violation could have been reasonably perceived in light of nationally recognized training standards (such as those promulgated by the DOJ.) . If so, the defendants will almost invariably loose on issue of immunity. This is because states, county, and local governments are required to comply with DOJ standards as a bare minimum, as a matter of federal law.
I understand it the same.
I have filed a claim against the town of Salem NH PD.
I'm not sure that my attorney knows the depth of the actual case !
He is all caught up on excessive force !
But I believe that the issue stems from a wrongful prosecution based on a clerical error between two state agencies.
Dhhs requested DMV suspend or revoke privilege to operate a motor vehicle.
So.. I bring a letter of compliance to DMV from dhhs.... I'm told "it may be tomorrow before we get the paperwork"
I say... "Its right here"
DMV says "were just waiting on another fax"
" It may come in later"
Long story short...
The second fax never came.. Dhhs filled out the letter of compliance with the same case number twice, instead of the two case numbers attached to me...
So because dhhs did not fill out the compliance order properly the (100$ privilege reinstatement fee) could not be paid to reinstate my privilege to operate a motor vehicle. Even though the compliance letter renewed my license in my home state of Michigan.
That is what brought this motor vehicle stop to an all out assault on myself and fiance and k9 by 6-8 cops in less than 3 minutes !
I was tased 6 times before I ever raised my voice, then tased 8-10 more times while officers were kneeling on me..
When I got hit with two tasers at I reeled back in my seat because the prongs were hot and burned me.. I thought I'd been shot !!
So I instinctively went into defense mode and put my rubber sole shoe in front of the taser ! They arrested my fiance just so they could steal the phones because they did not know which one held the video of the incident !
Cops say I kicked and punched and assaulted them !
When in actuality.....
They assaulted us like a swat team & we were bank robbers....or murderers
or...
like wealthy folks who pulled up in gang territory
is more like it !!!
It was pandemonium !
My lawyer did not present any of the evidence he said he was going to, and never called our witnesses dhhs and dmv ! Or my fiance !
He said that's what we were doing on jury pick and the first day of trial... We herd 6 of the 9 cops involved.... And no one else!
The trail was rushed and my documents did not get the presentation that they should have !
&
They void the whole issue.
Because they show my efforts to comply and the fax receipts, with the mistake and then the correction ! My lawyer flashed the civil suit under section 1983 in front of every cop that hit the stand... Why ???
My lawyer sold me out !
Sentencing is Jan of 2019.
I will appeal....
I'm looking for another attorney as we speak !
@@Pyotr_Troyan
WOW !
THANKS ALOT.....
VERY INFORMATIVE !
No U sue the city and the wrongdoers.
@@thestatevsmeisfraudthestat3975 generally speaking a city government enjoys sovereign immunity from suit, absent relatively rare circumstances. Usually you name the department of a city party in the context of 1983. For example, usually you would name the city of x police department defendant in a 1983 case, not the city of x. The exception to this is ex parte young jurisdiction (which allows pre enforcement injunction to cure a violation of constitutional rights but does not include monetary damages) which is one of the few places the government cannot claim any kind of immunity defense. Properly speaking 1983 is a subspecies of Ex Parte Young that allows the court to impose monetary damages in addition to injunctive relief.
Does anyone know if Section 1983 is a successful way of appealing a license to carry denial but a local police chief?
based on the video: "To prevail in a claim under section 1983, the plaintiff must prove two critical points: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution".
So basically you need to be deprived of a fundamental right or privilege (in the example you provided 'license to carry') and by an agent of the gov (police chief). However, you may have or you may not have a claim, depends on many things. Lawyer competence, facts of the matter, who the judge is, etc. good luck
In Hertado v. California, 110 US 516, the U.S Supreme Court states very plainly: "The state cannot diminish rights of the people."
And in Bennett v. Boggs, 1 Baldw 60, "Statutes that violate the plain and obvious principles of common right and common reason are null and void."
I'm not a lawyer but id say sue their ass.
A license is a privilege, bearing arms is a right so...🤷♂️
How can anything related to filing cases in a court of law b dismissed, denied to even fill a case of any kind ? U see, w/o counsel they walk all over the law, internationally against me in particular. To deny me the right to file, what do I do when that happens ? I have a due process right to b able to file the case and defend myself as the Constitution guarantees, the 14th, for one,, and enough or should be to alert us to the violations committed here by government staff who r still covered for and protected which is the opposite of what actually happened in this case. They r and have been living above the law.
Get it time stamped by the post office- send it green card with return receipt.
I just made this lecture into one of my ai Bots on my Server. :)
This is why I I ALWAYS wear a hidden body cam and LIVESTREAM to a protected off site when ever I leave my private property. Sad , but necessary these days.
Hello Disabled Vet 512. I am also a Disabled vet and I see our constitution die more every day. I find that you wear hidden body cam and livestream to an off-site location to be an excellent idea. Can you tell me what you wear and where you send your offsite stuff? I’m confused with this cloud world we love today. Thank you fam.
-Lance
Always record the police.
@@lancefarrar3096 I’d like to protect myself in this manner also.
What equipment do you use and where does your recording go? I'm interested in obtaining the same. Thanks!
CorderovsCommonwealth 2017 case law
This reminds me of Terminator 2, 1984
CAN a 1983 stop contract interference?
I happen to have security camera with audio in my house and police illegally arrested me and they made up an accusation to arrest me
No one wants the case .. you know anyone can help me ? In New York
@@peppenewyork1 I’m having difficulty finding representation also.
Because lawyers are officers of the court and generally don't want to be black listed
What is ICC bah query
At 26:30
How convenient to change law to meet situations for Government
In Hertado v. California, 110 US 516, the U.S Supreme Court states very plainly: "The state cannot diminish rights of the people."
And in Bennett v. Boggs, 1 Baldw 60, "Statutes that violate the plain and obvious principles of common right and common reason are null and void."
only the people let it a happen.
@@calebc6028 how can the people stop it from happening?
@@deboraughrodgers6301 getting rid of there social security number
@@deboraughrodgers6301 high frequency radio check him out
@@calebc6028 thnx. Just subbed
Ok, A Police Officer in 2005 shows up seven minutes after I call the Sheriff Department to, threaten me not to speak to or tell them what the local Police just did to me. In fear of my life, I did not do it. Now, the same Officer, now Police Cheif. I call the police over a employee of a Motel I am staying at and the same Officer from 2005 shows up, now Police Cheif of the Department. And make this statment to me , " you want to call the Sherff Deoartmemt again, you remember what happen the last time ". Is that the same as this? Anyone ? Help ? My life has been threatened for 14 years now. I need help, a legal Remind. I hear had no Constitional Right or have had my Consrutional serious violated for over 14 years and it contenus to this day. Why no o e wants to help? Cause I'm white, cause I'm a poor person. When you're taken before a Judge with out a Lawyer and told to shut up. And give a Felony bond for a mistermenor offence. It bad for me. I was always told to tell the truth. But what can you do when the police lie?
you're right-they're not only wrong, but commit obviously evil acts.
Remember that it's better to be full of truth,
than full of shit. (not that I've ever experienced that myself🤣
Did reason or religion direct y’all’s actions ?
If a citizen plaintiff , files a federal complaint against the government
And the government says you can't sue the government..
Question.
Why did the court take my money for court cost..
I had no court, judge said I can't sue
Yeah well, no man is above the law. Immunity is a smoke screen.
U.S.C TITLE 42 1983 12101 SUPREME COURTS RULES ADA
Not only Garcetti but now as of 2023 we have Counterman vs Colorado which upholds 1st amendment rights.
Absolute Immunity...Judges may be immune to lawsuit...but their decisions are not...should not their decisions contributing to the convictions used to justify post state actions or function of state actors and their third party contractors that violate Constitutional Rights thereafter of which 1983 are filed (while an appeal is pending)...and the Where equal protection under the law, and due process of the 14th amendment has not yet been exhausted...and after maliciously violating those constitutional rights using the unaffirmed conviction...the case is reversed and remanded...It seems to me that rather ducking of merits of the case allow the jury to determine the merits through evidence and proof therefore allowing the ripening of the case. If justices are to lazy or politically bound or protecting administrative financial liability, allow the jury ...rather than providing legal discrimination of the law through summary dismissals...
Police are upset because I got injured and got help bringing a lawsuit.
Prominent lawsuits.
Ignorance to a system created by others , that’s what education is for others.
Burden shifting: it’s your fault .
A ""traveler"" is in compliance to their constitution, but why are cops allowed to beat and jail anyone out here ? Does the group called representatives see ??? What does it mean to ""pay"" exactly and then why doesn't any school teach how we pay, bills of exchange, fed bkg. Rules ? And how long can a bank own property ?? Who and what is an assignment, an indentured trustee ? Why is it unfair that none are taught this in school ? Is their a phrase, called "no fair play" ? Or full disclosure "must be *had*?" In any sooo called contract ? How about an argument being "" illegitimate "", in a contract ?
Do you have a pamphlet printed out to protect us from the tyranny and let us be free to travel unmolested that we can hand to the guy in the costume with the badge.. that we pay for? So we can keep traveling
This is all for nothing. The declaration itself says in plain language that qualifiéd immunity is unconstitutional. Anyone interested in seeing this let me know.
I am- thanks
Does the Constitution protect a people, and therefore none should be a citizen like tons of yt are showing in the lower case state..not these military STATE OF's pertaining to DC
I have Prominent, ears , head , eye , knees , hips. Police. What’s y’all’s excuse for following inadmissible evidence ? Are y’all ignorant ? Ijs
What then is cannot rule from the bench all about ? Can or cannot rule from the bench ??? Why have can not rule from the bench, in the first place ?????????? Un sound laws make no law ???? Unreasonable laws are strangely mistaken law ? Can a layman be tried in a "foreign language"? Would a special hidden juristiction and legalese be a foreign language to the commonly spoken language of the day ? Is counsil meaning a lawyers' guild membership ? Or council without the membership ??? Making the members be for the foreogner to them, with oaths to their own is also somewhat defeating that clients best outcome..Not truly good business sense. Some say it's non- sensical..We see no truly good outcome. Defamation of Character is already the Capitus Deminutio ! As in lower status ? Seems basically prejudiced, from your very start. God is no respector of persons ??? So how does this even play in ? Does de..fend mean one cannot fend for its own self ?