objection to finding and recommendation

[almondnuts]

What is the name of your state? wv.
i am in the process of filing objection to a federal magistrate`s finding and recommendation that the city be dismissed as defendant on the grounds that i failed to specifically state a claim against wich relief can be granted as i was unable to use a specific policy or cutom by the city that resulted in rights violations and injury. i have been unable to obtain the policy that requires police to investigate the state of a residence, or to make contact with and talk to an occupant before using force to enter, search and seize even if they believe the residence to be abandoned. i have received only the policy that defines abandonment through discovery requests from defendants. i did state that the absence of such a policy, or whatever policy there is was not enough to insure protection of my rights and resulted in injury and rights violations. where would i find the law that would support the claim against the city? does it have to be policy and procedures used by the city? can you not base a claim on the absence of a policy that would have protected your rights?

 

[seniorjudge]

What is the name of your state? wv.
i am in the process of filing objection to a federal magistrate`s finding and recommendation that the city be dismissed as defendant on the grounds that i failed to specifically state a claim against wich relief can be granted as i was unable to use a specific policy or cutom by the city that resulted in rights violations and injury. i have been unable to obtain the policy that requires police to investigate the state of a residence, or to make contact with and talk to an occupant before using force to enter, search and seize even if they believe the residence to be abandoned. i have received only the policy that defines abandonment through discovery requests from defendants. i did state that the absence of such a policy, or whatever policy there is was not enough to insure protection of my rights and resulted in injury and rights violations. where would i find the law that would support the claim against the city? does it have to be policy and procedures used by the city? can you not base a claim on the absence of a policy that would have protected your rights?

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