FILE A LAWSUIT

USE THIS SITE AT YOUR OWN RISK

  1. You can not sue a state agency or government agency under section 1983 you can only sue a person, human being, state official in their individual capacity.
  2. If you do not pay  the $402 filing fee your chances of being dismissed for the smallest mistakes are much greater.
  3. It is highly recommended that you not sue if you do not have repeat injury.
  4. The Adoption and Safe Families Act of 1997 has a policy that requires judicial determination so many times they will refuse voluntary placement.
  5. Add this to the top right corner of the page in the complaint: 42 U.S. Code § 1985.Conspiracy to interfere with civil rights
  6. Add this under jurisdiction: 28 U.S. Code § 1343.Civil rights and elective franchise
  7. You can add Google Drive shared links with documents attached but make sure when you add the link to your document text you remove the underline from the text because sometimes they have underscores in those shared links they won’t be able to see with a line underneath the link.
  8. Also make sure and redact all identifiable information from attached links, of witness names or anything only people you ever want to identify inside your lawsuit are the named Defendants, thats it. Because if you win money those people will come back and sue you for your money if you name them in your lawsuit.
  9. Every Defendant you name must have directly violated each right listed,  you can prove supervisory violations simply by alleging the violations in the complaint.
  10. You do not have to see or hear the supervisor direct the social worker, simply by stating that is their boss and who they took orders from it is not required that you prove it, just make sure and write it out in your complaint.
  11. Do not just write the state officials name without specifically identifying what that person did wrong in your complaint.
  12. If you can prove they were acting in accordance with an unlawful custom policy they had in place then you may also add “Official” capacity sue them in both capacity.
  13. Official will otherwise be barred by the eleventh amendment unless you can prove they were violating an unwritten policy they had.
  14. In order to collect monetary damages a tort must have been filed with your states attorney general.
  15. Only mark individual capacity and supervisor and social worker only.
  16. This can not be a “mistake” they made, it must be proven “intentional” and “deliberate.”
  17. Remove their immunity find out if they have a masters in social work college degree or criminal record. Or find the crimes they committed during your case, Official Misconduct is a crime that is nationwide you have to find your state statute code and add it as a law that broke which also removes immunity.
  18. Write out which amendment they violated and how each one violated those rights. Usually 4th and 14th amendment, and due process.
  19. PAYING THE FEE IS VITAL  but if you absolutely can not then write your complaint by hand to show you sincerely have $0.
  20. Submit this online or via postal mail.
  21. If you edit or “amend” your complaint you must cross out what you do not want written but not so they can’t see it like this and then underline what you added like this.  This is so that since you are pro se they will try and understand what you mean, they can dismiss if you do not edit it correctly.
  22. CLICK HERE for a fee waiver form.