Lawsuit Against The Sheriff and Officers.
Remedy Is Now Easier To File a Complaint. YEAH!
Welcome. In this episode, we'll talk about filing claims and lawsuits against sheriffs and police officers when you're on child support. Yes, this video is long overdue, we've talked about in the past. But now we're gonna get into some detail because there are some exciting news that has happened over the last few months, that has made this even more possible.
Now we've talked about how to avoid going to jail based on what's called like a pious warrant from child support office. This video is different. This one is about actually filing lawsuits against once you have been arrested by these police officer. And we start off with a game changer. Again, this is a game changer stay true 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 4 2022. And it's the case we 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 or physical. Now, comment below if you don't think that's that's true. 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 violation.
This is the police opened up. This is the police opened up.
So let'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 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, Thomson versus Clark, two are 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 child support dot news endler.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 two 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 are called the enforcement section under 666. And this is where police officers, sheriff's, 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 Peyton vs New York second circuit and bonell vs New York State Department of Social Services. Comment below if you under Dan, the Manal versus nearish 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 times in many videos, but this one is a game changer, and is 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 to 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@protonmail.com.
We also ask for donations to keep our channel going. Again, we bring you extensive research that takes time, energy, and folks for 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 call father filed a lawsuit and have one, please check out that video. We also covered additional lawsuits such as suing the clerk of the court as well. You are now at the DMV.
This week coverage lawsuit as well. Again, check out that video. So let's get back to Thompson versus Clark. And the Supreme Court decision says the court recognizes that reasonable search and illegal 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 probable cause. Justice Brett Kavanaugh wrote the leading decision on this or as I said, wrote the the lien 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'd 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 can 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. Abusive 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 often justified. 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 or immunities of citizens in United States.
Now, here's where the game changer begins, right? There is another section to the 1983, call 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 a federal right. And that is doors versus City of New York, as well as an agreement between those private parties. So who are these private party? Well, title for D is not a state agency. It is a separate agency, within the Department 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 rest, 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 it, and it says, Well, I've been doing child support for years, 10 years or more, and they're the expert.
Well, I'm not sure if that's requirement, because this was a recent change in the law. It only got changed on April 4 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 your opinion on that. So why is this significant? Why should everyone now in the child support should understand this, this ruling? It 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 local Ableman versus booth and Howlett versus road. That simply means that this change by the cop even though it Brett Kavanaugh is a Supreme Court was a 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 call. Haywood versus Curtis downs. This was 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 Keith Haywood vs. Downs, New York ad set up a separate process that says, well, all 99 three federal cases must go through this process this process?
Well, this decision, the Justice says no, 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 an anti named crease 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. And that particular case law is call Felder vs. Casey.
Now he is something else. Fraud upon the court is committed when a representative the court the judge the magistrate misrepresents the court, right or does something that is unconstitutional. Well, here's what the 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 low 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 a color of law forum.
Not a color law forum is not a get out of jail or punishment. It's just didn't 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, we just call child support that new zillow.com Now here's what I said he's a special for anyone in the New York area.
They recently made a change to 1099 law, please check out that video. But here's the best part. That new change in the Thomson versus clause, 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@proton mail.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 the notification bell. And as always, we bring you this information. We do our research and all we're asking for our 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 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.
