Pro Se Plaintiff seeking advise and direction in civil suit

[quincy]

What?

Gross negligence of the persons responsible for the security of inmates is not actionable under Section l983? That it cannot result in the deprivation of “rights, privileges secured by the Constitution”? Humbug!

My associated counsel at the time and I recovered a 6 figure award in federal court for the wrongful death of an inmate due to the failure of the county jail attendants to properly maintain and monitor in place security measures!

I certainly hope that the mother and father of their 17 year old son (incarcerated for failure to pay a traffic ticket] who was bludgeoned and pummeled to death over a period of 16 hours by two felon mates won't be required to return the money.

And I don’t recall the team of lawyers dressed in Emporio Armani suits representing the Sheriff and County raising the defense you’ve mentioned. Even though there were hundreds of pages of briefing submitted! Mostly on the issue of custom and usage.

Also I secured a sizeable settlement in another Section l983 wrongful death action against another county in which the gross negligence of the bus driver transporting prisoners resulted in serious injuries to his chained passengers. In the hiring the county and sheriff failed to notice or overlooked the employed driver’s past driving history which was replete with traffic convictions, including a DUI and reckless.

Amen

Information to access these cases, latigo?

I tried a search thinking the cases (especially the one with the death of the 17 year old incarcerated for failing to pay a traffic ticket) would be easy to find, but I could not locate either of them.

Thanks.

 

[tranquility]

The grievances will of course be disputed by the sheriffs department, however as far as that is concerned - the mailbox rule will prevail on that. Wheather or not they received them is not my concern, nor will that become a prevailing matter in court - I just have to demonstrate that I placed them in the mailbox, and the "eye in the sky" will be my witness as far as that is concerned.

For some reason I missed this before. The mailbox rule is not going to help you prove up the mental state of the state actors in depriving you of your civil rights.

 

[Zigner]

The grievances will of course be disputed by the sheriffs department, however as far as that is concerned - the mailbox rule will prevail on that. Wheather or not they received them is not my concern, nor will that become a prevailing matter in court - I just have to demonstrate that I placed them in the mailbox, and the "eye in the sky" will be my witness as far as that is concerned.

Even if it mattered, how do you intend to prove (to the court's satisfaction) that you did?

 

[tranquility]

Even if it mattered, how do you intend to prove (to the court's satisfaction) that you did?

My guess is video from the mailbox deposit camera he will subpoena and hope has not been destroyed yet.

and the "eye in the sky" will be my witness as far as that is concerned.

 

[Zigner]

My guess is video from the mailbox deposit camera he will subpoena and hope has not been destroyed yet.

Would that be enough to convince the court that what he says is true? Remember, we're dealing with a matter of credibility here too

 

[tranquility]

Would that be enough to convince the court that what he says is true? Remember, we're dealing with a matter of credibility here too

Before electronic extensions for taxes, you had (still can) to send in a form to the government before the due date of the return. (Used to get them back too.)

Sometimes the government claimed they didn't get the form. What result? An argument where you are completely at the mercy of the IRS.

Well, we hated that, so sent in the form(s) certified, with return receipt demanded. Sometimes the government claimed they didn't get the form. What result? An argument where you present the receipt and the IRS says "who knows what was in the letter?" and you are completely at the mercy of the IRS.

We hated that too, so sent in the form(s) certified with a letter enclosed describing all the contents and describing the fact we would send the same as copies back to ourselves on the same date. We would keep the sealed envelope we sent to ourselves in a safe place until or unless we needed it. But, even then, who is to say we didn't manipulate something if it ever came up?

The point is evidence is evidence. What would convince a court is what convinces a court.

 

[justalayman]

MacDonald.T;3104711]The grievances will of course be disputed by the sheriffs department, however as far as that is concerned - the mailbox rule will prevail on that

.the mailbox rule isn't applicable. It is regarding something totally different.

Wheather or not they received them is not my concern, nor will that become a prevailing matter in court - I just have to demonstrate that I placed them in the mailbox, and the "eye in the sky" will be my witness as far as that is concerned.

If you have proof, fine but you need to obtain that evidence. So far you have done nothing to obtain that evidence. I don't know how long they keep video records of the area involved. I would not wait any longer than necessary to seek them though, or at lease seek to have them held to prevent them from being lost for whatever reason.

 

[justalayman]

.

As to conspiracy, he claims nothing of the sort. He supposes. Supposition, even if we take his facts as true, does not make a conspiracy. If it does, the current President is in a lot of trouble.

He locked out the link so I cannot give you the specific statement but...

at the end of the section "facts" (I believe), he states the all the folks involved conspired (his exact term) to cause him to be subjected to cruel and unusual punishment (paraphrased because I don't recall the specific verbiage.)

 

[tranquility]

.

He locked out the link so I cannot give you the specific statement but...

at the end of the section "facts" (I believe), he states the all the folks involved conspired (his exact term) to cause him to be subjected to cruel and unusual punishment (paraphrased because I don't recall the specific verbiage.)

I agree with you. I remember seeing a bald faced mention of conspiracy as well. While, on rereading, my reply seems disagreeable it was not disagreement.

As to conspiracy, he claims nothing of the sort. He supposes. Supposition, even if we take his facts as true, does not make a conspiracy. If it does, the current President is in a lot of trouble.

My point was that conspiracy has elements. His facts did not include the elements of conspiracy. Also, he did not pull out conspiracy as an issue in a cause of action which would make it easy for a clerk reading the complaint to see what he was talking about.

 

[Anyone2012]

Sorry about the link I reorganized google docs that would be easier for me to sort through. Ill repost the link with the rest of the docket I uploaded.

As far as the conspiracy I did say that they conspired to cause me cruel and unusual punishment as the broken lock was wide spread knowledge and seemed to be a joke among some officers even defendant Liebermans partner. There couldn't be any good reason that they can use on why they didn't repair the lock or at the minimum move me to a cell that was properly secure. There is no penological purpose not to have locki g mechanisms in place that properly: especially at a prison.

 

[justalayman]

You do realize what it means to conspire to act in some manner, right? Do you have any proof, or really, any supporting evidence they acted, jointly, to refuse to seek to have the lock repaired specifically so that you would be harmed? How would they know you pissed somebody off enough so they would want to harm you? How would they know that person would become aware of the lock issue? How would they know that the lock, in its state of disrepair would in fact allow it to be bypassed?

Seriously, you have a really long road to even touch conspiracy let alone prove it.

There is no penological purpose not to have locki g mechanisms in place that properly: especially at a prison.

who is feeding you this stuff.

penological (ˌpiːnəˈlɒdʒɪkəl)

Definitions
adjective

(sociology) of or relating to the branch of the social sciences concerned with the punishment of crime
(law) of or relating to the science of prison management

 

[Sikplastk]

What kinda jail is this?

You do realize what it means to conspire to act in some manner, right? Do you have any proof, or really, any supporting evidence they acted, jointly, to refuse to seek to have the lock repaired specifically so that you would be harmed? How would they know you pissed somebody off enough so they would want to harm you? How would they know that person would become aware of the lock issue? How would they know that the lock, in its state of disrepair would in fact allow it to be bypassed?

Seriously, you have a really long road to even touch conspiracy let alone prove it.





Hard to believe that the jail is run so poorly. Not only are cell doors broken but prisoners are walking around and having there way. Sounds like jail in some other country. Or summer camp

 

[Anyone2012]

You do realize what it means to conspire to act in some manner, right? Do you have any proof, or really, any supporting evidence they acted, jointly, to refuse to seek to have the lock repaired specifically so that you would be harmed? How would they know you pissed somebody off enough so they would want to harm you? How would they know that person would become aware of the lock issue? How would they know that the lock, in its state of disrepair would in fact allow it to be bypassed?

Seriously, you have a really long road to even touch conspiracy let alone prove it.

Hard to believe that the jail is run so poorly. Not only are cell doors broken but prisoners are walking around and having there way. Sounds like jail in some other country. Or summer camp

As far as the jail being run poorly, I wont go ahead and say its a flop house or their is any prisoners are walking around having thier way. But I will say that the South Bay House of Correction is plauged with improperly locking mechanisims. Conspirarcy - okay Ill give and pretty much sum it up as it was my over zealous and aggitated mind state that they could sit back and allow this to happen. Thats already been one more issue to deal with in an ammended complaint

 

[Anyone2012]

.the mailbox rule isn't applicable. It is regarding something totally different.

If you have proof, fine but you need to obtain that evidence. So far you have done nothing to obtain that evidence. I don't know how long they keep video records of the area involved. I would not wait any longer than necessary to seek them though, or at lease seek to have them held to prevent them from being lost for whatever reason.

The grievances are not nec in question at the moment, other than a brief statement in [37] about there existence in the record. If I am able to overcome this MOTION [37] and this were to proceed, than isnt that when the defense would raise the issue of the grievances up?

And as far as the civil rights - Purposely disregarding a prisoners' safety (Esp when aware of a pervasive risk of harm to that prisoner) is not cruel and unusual punishment???? Thats I pulled the whole cruel and unusual from.

https://docs.google.com/folder/d/0B6U0vEARt3Maczh6cGpOSGZJUTg/edit

 

[tranquility]

The grievances are not nec in question at the moment, other than a brief statement in [37] about there existence in the record. If I am able to overcome this MOTION [37] and this were to proceed, than isnt that when the defense would raise the issue of the grievances up?

And as far as the civil rights - Purposely disregarding a prisoners' safety (Esp when aware of a pervasive risk of harm to that prisoner) is not cruel and unusual punishment???? Thats I pulled the whole cruel and unusual from.

https://docs.google.com/folder/d/0B6U0vEARt3Maczh6cGpOSGZJUTg/edit

I gave you a case from your circuit that showed precisely what you need to plead. Your main claim seems a substantive due process one.