Season 5 Episode 6 - Lawsuit Against Sheriff And The Police

                                           Lawsuit Against Sheriff And The Police

Email: Chrish289@protonmail.com
            (c)Copyright, 2021-2030

Anyone who has had a bad experience with the police as a result of child support and custody—even one not resulting in physical injury—has probably wondered whether there is any remedy. Many want to know whether they can file a lawsuit. The answer to that question, as with so many legal queries, is, "It is now possible because of the new changes in the Law."

Child Support Lawsuit Simplified. We teach you strategies and techniques to free yourself of judicial misconduct from the State and Federal. The guarantee is YOURS.

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Transcript

lawauit Against Sheriff  And The Police

Email: Chrish289@proton.me
            (c)Copyright, 2021-2030
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Introduction:

welcome in this episode we'll talk about filing claims on lawsuits against sheriffs and police officers when you're on child support yes this is videos long overdue we've talked about in the past but now we're going to get into some detail because there are some exciting news that has happened over the last three months that has made this even more possible

now we've talked about how to avoid going to jail based on what's called a copious warrant from child support office this video is different this one is about actually filing lawsuits against once you have been arrested by this police officer and we start off with a game changer again this is a game changer stay tuned to till the end we have some more exciting news on this topic now in order to sue the police officer it starts off with this case that was decided recently on april fourth twenty twenty two and it's the case be called thompson versus clark and this case went all the way to supreme court out of the second circuit in essence in summary this particular case was the plaintiff larry thompson was charged with resisting arrest and

 obstructing an investigation when he attempted to stop police from entering his apartment in response to a false claim regarding child abuse as you know many cases involving child support the mothers always seem to claim abuse of some type whether emotional physical now comment below if you don't think that's that's true uh it goes on that he was prosecuted however he wasn't fully charged so thompson sued for damages under section 1983 where he alleged that his fourth amendment violation was a fourth amendment violations

this is the police open up this is the police open

is in up ilet's look at section 1983 if you know this already it's okay it's title 42 usc united states code 1983 and it reads every person who under the color of any state statute ordinance regulations customs in any state or territory and subject any citizen or persons within jurisdiction of the united states to deprive them of any rights and privilege immune that is what is called secured by the constitution and that party is liable for that second any lawsuit brought the plaintiff must prove that he or she has been deprived of a right secured by the constitution and laws and second that the defendant was acting under the color of any

 state law so again the only requirement for bringing a lawsuit is you must prove that the rights were secured under the constitution and the person is acting under any state law now i would add this particular case thompson versus clark to our already existing the five supreme court cases you should already know and i would strongly encourage you to learn these five by visiting our website which is childsupport.newsendler.com

where you can learn more about the top these five case laws as well as add this particular law and we'll explain further so this is a follow-on to segments that we've done on what is called using the department of justice letter of 2016. we created five categories in which that you can bring a lawsuit and now we're covering number three which is called the enforcement section under 666 and this is where police officers sheriffs wardens public prisons even the clerk of the court can be sued under this category and basically what it states is that action under 1983 that they are liable right because they carry the badge under what is called color of law and that they are subject to the fourth amendment now the case law surrounding that is payton versus new york second circuit and monell versus new york city department of

 social services comment below if you understand the mannell versus nursing department case so notably under this is that the claim that you may be arrested for non-support or non-payment of child support hello my name is chris and in this session this is a game changer i've said this many time in many videos but this one is a game changer and it's as a result of a recent change by the supreme court i would like to take this opportunity for everyone if you

 haven't fixed your credit report use this opportunity repair your credit if you're on child support you can go to our website we have the information the details on that fix your credit report leverage your wealth if you have any questions on any of our videos or this specific video please feel free to reach us at chrish289 at protonmail.com we also ask for donations to keep our channel going again we bring you extensive research that takes time energy and folks who are in which to take the time out to do this and all we're asking for is your support as well as subscribe to our channel we're also available on our podcast child support made simple on apple amazon and others

now we've done a video called father father lawsuit and have won please check out that video

we also covered additional lawsuits

such as suing the clerk of the court as well

we are now at the dmv uh this we covered this lawsuit as well again check out that video so let's get back to tom's versus clark and the supreme court decision says the court recognized that reasonable search into the legal process is covered under what is called the fourth amendment the constitution claim that this is analogous to what is called malicious prosecution and specific issues relating to criminal charges without proper cause uh justice brett kavanaugh wrote the leading decision on this or as i said wrote the the the lead on the decision and this is a drastic change what he's basically now saying is whether or not you were charged or taken to what is called prosecution you can start your lawsuit under what's called malicious prosecution why is this a game changer in the past you would have to wait until the prosecution of your arrest is complete that could take three months five months even a year and by then the statute of limitation would have ran out if it turns out that this was an illegal arrest so this is the game changer right here basically as soon as you're released from the charge you can start your lawsuit this in the old days you could not do that now you can so what kavanaugh has now expanded on is what is called a cause of action under abuse of power and abuse of process as well as malicious prosecution under the fourth amendment these are very serious claims that you could make against police and police officer and it was unavailable to us because of the restriction in the past which says you had to wait until the process was complete before you can start the lawsuit so let's review those charges again so abuse of power is the improper use by someone who has the authority which is a public officer under civil or criminal charges that is it was considered malicious or deliberate misuse of the function abuse of process refers to the improper use of civil or criminal legal procedures for an unintended again malicious perverse reasons it is malicious it's deliberate and it's a misuse of this process which was unjustified next malicious prosecution this occurs when one party has knowingly with malicious intent initiated a baseless litigation against another party this includes both criminal and civil so in essence here it is whether it's civil or criminal you can start a lawsuit under the statute as well as this falls under the 14th amendment where it says no state shall make or enforce any laws which shall abridge the privileges immunities of citizens in the united states

now here's where the game changer begins right there is another section to the 1983 called private individual liability and it reads the private individual may be subject to 1983 if he or she willfully collaborate with an official state actor in depriving of federal right and that is dwarves versus city of new york as well as an agreement between those private parties so who are these private party well title 4d is not a state agency it is a separate agency within the department of of health we know that from my videos well here's what you can do not only can you sue the police officer for the arrest but you can sue that judge or magistrate or attorney that initiated the arrest this is the game changer when that judge or magistrate said to you i'm going to arrest you you have now added that person to the lawsuit as well as the police officer this is the fundamental game changer now you've heard people on internet says well i've been doing um child support for years 10 years or more and they're the expert well i'm not sure that that's requirement because this was a recent change in the law it only got changed on april 4th of 2022 i'm not sure 10 years of experience could have predicted this nor can 10 years of experience has any benefit with understanding the law that just got changed so you know again please comment below uh your opinion on that so why is this significant why should everyone now in the child support should understand this this ruling hey let's go back to the supreme court it says a decision in one state or one court may be accepted by all courts as well as it cannot be reopened and this decision was done by chief justice marshall back in the case law called abelman versus booth and howlett versus road that simply means that this change by the con even though it brett kavanaugh is a supreme court which is law in the land there is no defense in any states you can use this to your advantage next and i often get this question it's a case law called haywood versus curtis downs this is by justice stevens again supreme court justice reads the federal system of government state as well federal court has jurisdiction over suits brought under 42 usc 1983 yes you can start your lawsuit in both federal or state court again i get this question should you file in federal should you file in state it doesn't matter it's what's convenient to you here justice stevens says we are one government wherever you want to start in this particular case which is key to wood versus downs new york had set up this separate process that says well all 1983 federal cases must go through this process this process well this decision the justice says no no no no no no you need to shut that down shut it down with a state or federal you can bring a 1983 case

so one of the requirements of a 1983 is we talked about that that they must be acting under color of law but here's the next requirement and this is very very important you may have to provide what is called a notice of claim it says here the state is not required to answer the notice of claim or a claim for which you want to file but you as a plaintiff must provide or inquire whether you need to file a notice of claim before you file your lawsuit or else your case will be dismissed in that particular case law is called felder versus casey now here's something else fraud upon the court is committed when a representative of the court the judge the magistrate misrepresents the court right or does something that is unconstitutional well here's what here's what's important malicious prosecution is unconstitutional based on the thomas versus clark like i said this is a game changer when it comes to filing lawsuits so now every man that's in child support you should be learning this you should be ready to file lawsuits now one of the things that we suggest that you present to every everyone the attorneys the judges is called the color of law forum now the color law firm is not a get out of jail or or punishment it's just a notice again we have that on our master class website learn that is but you still need to submit a notice of claim so on our website which is called childsupport.newsender.com

now here's what i said is a special for anyone in the new york area they recently made a change to 1099 law uh please check out that video but here's the best part that new change in the thompson versus class malicious intent you can now have a claim against if you were subjected to the change of the 1099 yes you now have a remedy so if you have any questions on what we've covered in this video or any other video please feel free to email us at chrish289 at protonmail.com and we do ask please subscribe if you're new here please subscribe if you're old also please hit the subscribe button again as well as a notification bell and as always we bring you this information we do our research and all we're asking for are small donation to help us to continue to bring this information so here we are at the end please feel free to select any of the videos here on the screen but now there's a game changer you can sue the police or the sheriff despite the fact whether your case was settled or not or the arrest was illegal you can start your lawsuit as soon as possible thanks have a great day