What is the name of your state (only U.S. law)? Penn
I'm trying to understand some basic stuff. My friend sued the judge and other perpetrators of evil per se in federal court for violation of civil rights under color of law (42: 1983). They did not respond and apparently defaulted. After this, their lawyer then surfaced and among other things claimed the suit should be vacated (I think it is) because my friend cited the wrong statute; I think he cited the criminal instead of the civil statute. I would be grateful if someone could explain how this works. I read that you can sue for a civil case under RICO, which is a criminal statute. Does the criminal statute have a specific section that is to be cited in civil litigation, or how is it properly invoked in a civil case?
My friend also looked up the rules and believes that they cannot move to have the case vacated after they have already defaulted. Is that true? How does the judge arrive at a judgment, if it comes to that, after a default. (If some of this is to involved a reference would be appreciated too).
Thank you.
I'm trying to understand some basic stuff. My friend sued the judge and other perpetrators of evil per se in federal court for violation of civil rights under color of law (42: 1983). They did not respond and apparently defaulted. After this, their lawyer then surfaced and among other things claimed the suit should be vacated (I think it is) because my friend cited the wrong statute; I think he cited the criminal instead of the civil statute. I would be grateful if someone could explain how this works. I read that you can sue for a civil case under RICO, which is a criminal statute. Does the criminal statute have a specific section that is to be cited in civil litigation, or how is it properly invoked in a civil case?
My friend also looked up the rules and believes that they cannot move to have the case vacated after they have already defaulted. Is that true? How does the judge arrive at a judgment, if it comes to that, after a default. (If some of this is to involved a reference would be appreciated too).
Thank you.
