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Chehalis PD OC stop

Grim_Night

Regular Member
Joined
Aug 5, 2012
Messages
776
Location
Pierce County, Washington
Sorry guys, been tied up with work lately.

So bad news, My attorney called and basically said she does not have time to take on my case with her current workload. So......i need to find and attorney ASAP!, and one that will work on contingency.

I keep hearing of a "Deadline" to file suit, what kind of timeline is there on this?

This is the statute of limitations. There are some questions involving when the clock starts counting regarding this issue. But for civil rights cases, I have been told by a previous lawyer that the statute of limitations is 3 years.
 

Grim_Night

Regular Member
Joined
Aug 5, 2012
Messages
776
Location
Pierce County, Washington
Washington statue of limitations laws:
http://app.leg.wa.gov/rcw/default.aspx?cite=4.16&full=true#4.16.005

Looks like two years.

4.16.100
Actions limited to two years.

Within two years:

(1) An action for libel, slander, assault, assault and battery, or false imprisonment.

(2) An action upon a statute for a forfeiture or penalty to the state.

4.16.080
Actions limited to three years.

The following actions shall be commenced within three years:

(1) An action for waste or trespass upon real property;

(2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

(3) Except as provided in RCW 4.16.040(2), an action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

(4) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

(5) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his or her official capacity and by virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subsection shall not apply to action for an escape;

(6) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his or her custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation: PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty, or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

Still looks like 3 years to me.
 

MSG Laigaie

Campaign Veteran
Joined
Jan 10, 2011
Messages
3,241
Location
Philipsburg, Montana
Normally 2 years from the incident.

This is the statute of limitations. There are some questions involving when the clock starts counting regarding this issue. But for civil rights cases, I have been told by a previous lawyer that the statute of limitations is 3 years.

Still looks like 3 years to me.

You may be harboring a misapprehension. In my case against the city of bellingham, the FIRST thing my attorney told me was that we had a six month, I say again six months time frame to initiate a Standard Tort Claim form. I had already done enough research to know about the document and had filed a US$100,00 claim for damages. I got the document from b'hams own website, your city should have one too. I sent copies to the mayor, the peedee, and the seattle office of the ef-bee-eye. You do not need an attorney to do this, but you need to do this TODAY. I filled out the little form, then hand delivered it to the city finance director at city hall. And I did this while wearing my openly carried pistol.

PM coming your way
 

Munkey Butt

Regular Member
Joined
Sep 5, 2012
Messages
145
Location
Chehalis
Did anyone, or is it possible to get a copy of the dispatch phone call transcribed by city personnel? I'd like to attach it to the tort claim.
 

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
So i was at the park watching my wife's friend play softball. An hour goes by with nothing said, then all hell breaks loose. An off-duty community services lady asks me to come aside the bleachers. She says I'm not allowed to have "that" in the park. I brought up state preemption, she said some things, then i told her to call a uniformed officer if its that big of a deal. So i talked with the cops for a few and brought up state preemption again. He tells me that the "city code" says no firearms in the park and that city code trumps state preemption!!! He says if i don't provide ID ill be arrested. So told him no, then started recording. The videos are Part 1 and a Part 2.

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So, the PD is hiring kids straight off the short bus???
 

Grim_Night

Regular Member
Joined
Aug 5, 2012
Messages
776
Location
Pierce County, Washington
You may be harboring a misapprehension. In my case against the city of bellingham, the FIRST thing my attorney told me was that we had a six month, I say again six months time frame to initiate a Standard Tort Claim form. /snip

I'm just stating what my lawyer told me regarding my issue with my previous landlord that evicted me because of my firearm. My case involves the federal government (well, a private nonprofit agency that acts on behalf of the federal government). Because of this, my case was going to be dealing with federal court. In fact, I just filed the paperwork pro se with the federal court in Tacoma yesterday.
 

amlevin

Regular Member
Joined
Feb 16, 2007
Messages
5,937
Location
North of Seattle, Washington, USA
close to 4 months since we've heard anything: any news, good or bad?

May not hear anything. When his attorney said she didn't have time for his case due to her workload it was kind of polite "shorthand" for saying there was no money in it.

In reading all the posts and responses from the City it appears that they admitted they were wrong and have taken corrective action. Having suffered no physical or financial consequences there's pretty much no case for "damages". "Hurt Feelings" don't get much in the form of "compensation".

If this behavior continues and a "pattern of abuse" is established only then will the FBI get interested. Will pretty much have to rise to the level of what went on in Seattle for them to get interested.

In short, no lumps, no bumps, no handcuff scars, NO MONEY.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
John got several thousand in his settlement. It isn't just a violation of "hurt feelings", its violating your rights. Something that should and needs and sometime is penalized.
 

Munkey Butt

Regular Member
Joined
Sep 5, 2012
Messages
145
Location
Chehalis
What amlevin said pretty much sums it up. I did not find an attorney within the "local" vacinity that would get on board. They were all pretty interested right up until they find out it ended with my walking away under my own power without handcuffs they pretty much say there is no money in hurt feelings.
 

davidmcbeth

Banned
Joined
Jan 14, 2012
Messages
16,167
Location
earth's crust
I'm sure you could find a lawyer, but just not one that is willing to get paid on contingency. I think your attnys fees would eventually be recoverable.

Some may do it via a mix of fee based and contingency too...but you have to find them.

And you could always file pro se....normally they'll offer 6-10K "go away" money at the start.

Its not hard to file a case....handling everything else is a pain (not outside the intelligence of normal people, just have to be aware of common pratfalls that even lawyers make).
 

Grim_Night

Regular Member
Joined
Aug 5, 2012
Messages
776
Location
Pierce County, Washington
And you could always file pro se....normally they'll offer 6-10K "go away" money at the start.

Its not hard to file a case....handling everything else is a pain (not outside the intelligence of normal people, just have to be aware of common pratfalls that even lawyers make).

Filing is easyish. It took me a year and a half to file pro se in my case and filing even included the case being dismissed the first time. The preliminary paperwork is fairly simple to do. Once you get to the point of having to do depositions, discovery, and all that stuff, then it gets hard. Filing motions in the proper format with all the research involved in case law etc. is a pain in the butt.
 
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