Appeal Dismissal

  1. If the district court dismisses your lawsuit appeal within 21 days.
  2. All you have to do in order to appeal to your local circuit court is respond to the dismissal within 21 days with a letter asking to appeal the judges dismissal.
  3. They will send you a packet from the circuit courts right away fill it out and send it back right away.
  4. In most states the Plaintiff is entitled to free lawyer under appeal.
  5. Do not take your appeal as a bad sign the judge may be unable to assist you, and it may be your best bet to appeal.
  6. The circuit courts of the United States are proudly called the poor peoples court for a reason.
  7. Chances you will find a lawyer willing to sue are highly unlikely but under appeal the city you live in and sued is going to fit the bill.
  8. Make sure if you do appeal that CPS does not have probable cause, because that too may be a reason for being dismissed if the judge sees that you really did abuse your child.
  9. They may take a year or more to dismiss and this can be frustrating so be patient and make sure you watch your mail.
  10. They will not call you and tell you, or email you. They will only mail your dismissal so if you don’t check your mail daily you could be late responding.
  11. Its is important that you appeal on time.
  12. They know you are not an attorney so responding with case law is not required but does help.
  13. The appeal fee is normally around $505 if you can afford it I would definitely pay it.
  14. If you can not afford to pay it get your pay stubs or welfare proof and send it to the circuit courts asking for a fee waiver.
  15. If your case is open and you sued explain that you are doing this because you only have so much time to do it (3 years) and they still have your kid.
  16. If your case is closed make sure they sided with you, otherwise they will recommend you appeal to your state supreme court instead.
  17. There is no statute of limitations on section 1983 claims.