Pro Se Plaintiff seeking advise and direction in civil suit

[Anyone2012]

Quincy,

I assumed that, and decided not to pester them with phone calls and emails. Ill just take this time to focus on the issue(s) at hand. I have heard and read that ACLU, while working to protect the Liberty Interests of ALL, prisoner cases are not so likely to be taken by them if it only involves one plaintiff and is not a wide spread issue. That aside, I just keep plugging away.

***


Justalayman,

I tend to agree with you myself. I'm not of the impression that I have a rock solid case, just because of the motion denial. I know that it will be a long and windy road. The R.12 motion was DENIED as to the defendants official capacities, as the Sheriffs Department became a state agency in 2009 and they did not wave their sovereign immunity.

Through discovery, I am more than confident that the documents they provide(and fight to provide) will showcase the value of my case. The funny thing is(and I may have some inconceivable view here) that all the evidence is maintained within the own sheriffs department computer system. They were aware of the broken locking mechanism, they were aware of the pervasive risk of harm to me, and yet they failed to repair the door. They didn't, and I was assaulted.

***


Anyone interested in viewing the filings of the docket, can visit my uploaded google docs at the following link, or pull the case through PACER - 1:12-cv-11056. I have uploaded all of the filings on PACER as well.

https://docs.google.com/folder/d/0B6U0vEARt3MaUXFlMUZWcDN4ek0/edit?docId=0B6U0vEARt3Maczh6cGpOSGZJUTg or

 

[justalayman]

***


Justalayman,

I tend to agree with you myself. I'm not of the impression that I have a rock solid case, just because of the motion denial.

I wasn't meaning that the dismissal wasn't indicative of something positive nor the opposite. I was more addressing willy, who in his excitement tends to give us responses that go way beyond the information available to us here. While I may have missed what the motion denied concerned, I did not believe it had been posted here.

I appreciate the continued info. It's definitely interesting.

 

[Anyone2012]

Justalayman,

I didn't take it as such. . Lol. Sorry if it seemed I was snappingIt was my error for not posting more in-depth.

 

[justalayman]

Justalayman,

I didn't take it as such. . Lol. Sorry if it seemed I was snappingIt was my error for not posting more in-depth.

All's well.

 

[quincy]

Timothy, I am curious: Has there ever been any media attention given your assault in jail?

 

[Willlyjo]

Timothy, I am curious: Has there ever been any media attention given your assault in jail?

It wouldn't be a bad idea to send a copy of his Complaint out to a few media outlets like radio stations, newspapers and television stations. If Tim can generate a little publicity, maybe an attorney will become interested.

 

[quincy]

Timothy should not even think about publishing (ie, sending out to others) his complaint. That can result in a defamation lawsuit being filed against him. He needs to avoid anything that will add complications to his already-complicated case.

And, Timothy would want to speak with an attorney in the Boston area prior to contacting any media outlet, to go over the pros and cons of involving the media - and there are definite cons. Publicizing his case could work against him as much as it might help.

BUT, for the pro-side, if his assault has not already been the focus of a news story, media attention could potentially attract citizen support (they might not like the idea, for instance, of prisoners not being sufficiently secured in their cells, even if some may not be all that concerned about a prisoner being assaulted). Media attention could also potentially put pressure on the defendants, which could potentially encourage an early settlement.

And, as you noted Willly, Timothy could find an attorney or two willing to take on his case for free. There are some attorneys who like publicity almost as much as they like money.

Again, contacting the media should NOT be considered until he speaks with an attorney in his area. Before approaching any media outlet, there needs to be some VERY careful thought given to how the media might present the case and how the public might view it.

 

[Willlyjo]

Timothy should not even think about publishing (ie, sending out to others) his complaint. That can result in a defamation lawsuit being filed against him. He needs to avoid anything that will add complications to his already-complicated case.

And, Timothy would want to speak with an attorney in the Boston area prior to contacting any media outlet, to go over the pros and cons of involving the media - and there are definite cons. Publicizing his case could work against him as much as it might help.

BUT, for the pro-side, if his assault has not already been the focus of a news story, media attention could potentially attract citizen support (they might not like the idea, for instance, of prisoners not being sufficiently secured in their cells, even if some may not be all that concerned about a prisoner being assaulted). Media attention could also potentially put pressure on the defendants, which could potentially encourage an early settlement.

And, as you noted Willly, Timothy could find an attorney or two willing to take on his case for free. There are some attorneys who like publicity almost as much as they like money.

Again, contacting the media should NOT be considered until he speaks with an attorney in his area. Before approaching any media outlet, there needs to be some VERY careful thought given to how the media might present the case and how the public might view it.

I hardly think sending a copy of one's Civil Complaint to a media outlet would result in a defamation claim against the Plaintiff since it is already a matter of public record. Perhaps if the media did a story and misinterpreted the contents of the Complaint, THEY would be subject to a defamation claim.

 

[ecmst12]

It would be an incredibly stupid move without consulting a pro.

 

[justalayman]

I hardly think sending a copy of one's Civil Complaint to a media outlet would result in a defamation claim against the Plaintiff since it is already a matter of public record. Perhaps if the media did a story and misinterpreted the contents of the Complaint, THEY would be subject to a defamation claim.

There is an immunity when the statements are within a legal action. If one takes that same information outside of the legal activity, they can lose that immunity.

 

[Willlyjo]

There is an immunity when the statements are within a legal action. If one takes that same information outside of the legal activity, they can lose that immunity.

The OP's case file is one of public record as is all such Complaints filed with various courts in this country. Unless such documents contained in these files are sealed, they can be viewed and even copied by the public. If someone wants to send an exact copy of a document within such files, to anyone, it would be no more than sending a copy of public record, which could not, in any way, make the sender liable for any kind of defamation.

I'm not saying you can take the allegations out of a Complaint and publish them as truth or make a misinterpretation of such allegations to where it would lead to liability resulting in defamation litigation.

I pointed out an example that could result in defamation liability in my last post.

 

[Willlyjo]

It would be an incredibly stupid move without consulting a pro.

I really don't understand all this talk about defamation anyway. The OP certainly has a right to tell his story to ANYONE! The fact is, he was assaulted as a result of gross negligence and those who are in control of making sure that prisoners' rights under the amendments to the constitution are protected, which include their safety, are at fault.

In what way outside of absolute carelessness, could Mr. MacDonald possibly be opening himself up to defamation by telling his story according to what was stated in his allegations?

As one who will soon be bringing his own Complaint to Federal court, there has not been anything posted thus far that would scare me away from the belief that sending copies of my Complaint to various media outlets would be a good idea in that it could possibly lead to an Attorney who may represent me.

 

[ecmst12]

Did you even READ Quincy's post? Just because someone has the "right" to do something does not make it a GOOD IDEA.

 

[Willlyjo]

Did you even READ Quincy's post? Just because someone has the "right" to do something does not make it a GOOD IDEA.

I'm well aware of what constitutes a good idea as opposed to what isn't a good idea. And yes, I did read every word of every post in this thread, but I don't take EVERYTHING Quincy says as gospel as apparently you do.

 

[ecmst12]

I don't recall ever seeing Quincy post something incorrect or unwise. You should respect his knowledge.