ed
Founder's Club Member - Moderator
imported post
skidmark wrote:
skidmark wrote:
I'm in for $20 if we are a "go"
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OC @ Richmond Coliseum
- Thread starter Infidel
- Start date
user
Accomplished Advocate
imported post
the Form is like this (make substitutions where appropriate, and leave the case number line blank until the clerk assigns one):
[align=center]In the United States District Court for the Eastern District of Virginia[/align]
[align=left]Joe Bloe, Plaintiff[/align]
[align=center] v. Case Number ________________[/align]
[align=left]The City of Richmond, Virginia, Defendant[/align]
[align=center]Complaint for Civil Damages[/align]
[align=left]Jurisdiction and Venue:[/align]
1. Plaintiff is a natural person residing in the Commonwealth of Virginia.
2. Defendant The City of Richmond, Virginia (hereinafter, "Richmond"), is, upon information and belief, a municipal corporation chartered under the laws of the Commonwealth of Virginia.
3. This action arises under the Laws of the United States, and particularly 42 U.S.C. 1984, and raises questions of federal law.
4. Jurisdiction is appropriate in this Court pursuant to 28 U.S.C. 1331 ("Federal Question Jurisdiction").
5. The tortious acts complained of herein all took place entirely within the City of Richmond, which is also where the Defendant is, and thus venue is proper in this Court.
[align=center]Count I: Violation of Civil Rights under Color of Law[/align]
(describe, in numbered paragraphs, exactly what happened, factually. Then state that Article I, Section 13 of the Constitution of the Commonwealth of Virgina, 15.2-915 of the Code of Virginia, and the Second Amendment of the Constitution of the United States describe and define your right to be in possession of a firearm, in preservation of your right and duty to protect yourself and your family; and that right is a "civil right" as that term is used in 42 U.S.C. 1984).
WHEREFORE, Plaintiff Bloe demands jugment in his favor and against Defendant The City of Richmond, and compensatory damages in the amount of $10,000.00, plus the costs of this action as well as his attorneys' fees, if any, and interest upon the amount of the judgment at the statutory rate until fully paid; and in addition, Plaintiff demands entry of atemporary injunction pendente lite as well as a permanent injunction against the Defendant requiring that the Defendant cease its interference with the lawful exercise ofcivil rights and in particular, the right to keep and bear arms.
[align=center]Respectfully submitted,
Joe Bloe, Plaintiff[/align]
_____________________________________
Joe Bloe, Plaintiff
Address
Phone number
Fax number if any
the Form is like this (make substitutions where appropriate, and leave the case number line blank until the clerk assigns one):
[align=center]In the United States District Court for the Eastern District of Virginia[/align]
[align=left]Joe Bloe, Plaintiff[/align]
[align=center] v. Case Number ________________[/align]
[align=left]The City of Richmond, Virginia, Defendant[/align]
[align=center]Complaint for Civil Damages[/align]
[align=left]Jurisdiction and Venue:[/align]
1. Plaintiff is a natural person residing in the Commonwealth of Virginia.
2. Defendant The City of Richmond, Virginia (hereinafter, "Richmond"), is, upon information and belief, a municipal corporation chartered under the laws of the Commonwealth of Virginia.
3. This action arises under the Laws of the United States, and particularly 42 U.S.C. 1984, and raises questions of federal law.
4. Jurisdiction is appropriate in this Court pursuant to 28 U.S.C. 1331 ("Federal Question Jurisdiction").
5. The tortious acts complained of herein all took place entirely within the City of Richmond, which is also where the Defendant is, and thus venue is proper in this Court.
[align=center]Count I: Violation of Civil Rights under Color of Law[/align]
(describe, in numbered paragraphs, exactly what happened, factually. Then state that Article I, Section 13 of the Constitution of the Commonwealth of Virgina, 15.2-915 of the Code of Virginia, and the Second Amendment of the Constitution of the United States describe and define your right to be in possession of a firearm, in preservation of your right and duty to protect yourself and your family; and that right is a "civil right" as that term is used in 42 U.S.C. 1984).
WHEREFORE, Plaintiff Bloe demands jugment in his favor and against Defendant The City of Richmond, and compensatory damages in the amount of $10,000.00, plus the costs of this action as well as his attorneys' fees, if any, and interest upon the amount of the judgment at the statutory rate until fully paid; and in addition, Plaintiff demands entry of atemporary injunction pendente lite as well as a permanent injunction against the Defendant requiring that the Defendant cease its interference with the lawful exercise ofcivil rights and in particular, the right to keep and bear arms.
[align=center]Respectfully submitted,
Joe Bloe, Plaintiff[/align]
_____________________________________
Joe Bloe, Plaintiff
Address
Phone number
Fax number if any
t33j
Regular Member
imported post
ed wrote:
ed wrote:
Same here. Lemme know.
kennys
Regular Member
imported post
t33j wrote:
t33j wrote:
put me down for a donation.
ed
Founder's Club Member - Moderator
imported post
I prefer gunpal.net over PayPal[suP]gunhater[/suP]
I prefer gunpal.net over PayPal[suP]gunhater[/suP]
jmelvin
Founder's Club Member
imported post
Ditto, I'll pitch in $20. Someone let me know where and I'll send my dough.
Ditto, I'll pitch in $20. Someone let me know where and I'll send my dough.
imported post
Hold off on donations until Infidel decides that he is going to go ahead. I have an account already established from another endeavor that has "excess" funds that I have been authorized by the donors to put towards other activities. (No, it is not the Danbus fund.)
I'll take the job of collecting/holding/distributing the $$ via either GunPal or PayPal. (I still get a vicarious kick out of using PayPal to fund a pro-gun ativity but understand the attitude and antipithy others have towards them.)
stay safe.
skidmark
Hold off on donations until Infidel decides that he is going to go ahead. I have an account already established from another endeavor that has "excess" funds that I have been authorized by the donors to put towards other activities. (No, it is not the Danbus fund.)
I'll take the job of collecting/holding/distributing the $$ via either GunPal or PayPal. (I still get a vicarious kick out of using PayPal to fund a pro-gun ativity but understand the attitude and antipithy others have towards them.)
stay safe.
skidmark
Wolf_shadow
Activist Member
imported post
Let me know I'm in for $10
Let me know I'm in for $10
user
Accomplished Advocate
imported post
Let me make an observation, here.
I was asked specifically about a complaint for violation of 42 USC 1983/1984, if I recall correctly. So that's what the form I wrote relates to. But that's not what I would do if it were me.
The federal courts are hypertechnical, ironically as a result of having simplified procedure and having purportedly "merged" law and equity (an entirely different rant). The Eastern District of Virginia, in particular, is famous worldwide for having taken control of the litigation process and creating what's called, "the Rocket Docket". You had better have your briefs written in anticipation of all the motions you think are going to come up, and a good draft of your discovery ready before you file your complaint. It's expensive and very rule-oriented. And if you lose there, you're headed to the Fourth Circuit Court of Appeals, which is not known for being friendly to independent minded people who want to control the means by which they and their families are defended.
If it were me, I'd file in the Virginia circuit court in Richmond. There are good state law causes of action I'd put forward, as well as the federal. And if you ultimately lose in the Virginia Supreme Court, your federal claims aren't necessarily lost, since you have a right to appeal an adverse decision on federal stuff from the Va. Sup. Ct. to the U.S. Sup.Ct. (not that they'll necessarily grant leave to appeal, but it's an option). For example, I think 15.2-915 applies - prohibits state agencies from issuing rules affecting ownership or possession of firearms.
There are some hoops to jump through, though, mainly the notice requirement. You have to tell them you're going to file suit six months before you do so by mail to the head of the agency as well as the attorney general of Virginia. (Probably have Bill Mims on the other side, regardless of where you file.)
Let me make an observation, here.
I was asked specifically about a complaint for violation of 42 USC 1983/1984, if I recall correctly. So that's what the form I wrote relates to. But that's not what I would do if it were me.
The federal courts are hypertechnical, ironically as a result of having simplified procedure and having purportedly "merged" law and equity (an entirely different rant). The Eastern District of Virginia, in particular, is famous worldwide for having taken control of the litigation process and creating what's called, "the Rocket Docket". You had better have your briefs written in anticipation of all the motions you think are going to come up, and a good draft of your discovery ready before you file your complaint. It's expensive and very rule-oriented. And if you lose there, you're headed to the Fourth Circuit Court of Appeals, which is not known for being friendly to independent minded people who want to control the means by which they and their families are defended.
If it were me, I'd file in the Virginia circuit court in Richmond. There are good state law causes of action I'd put forward, as well as the federal. And if you ultimately lose in the Virginia Supreme Court, your federal claims aren't necessarily lost, since you have a right to appeal an adverse decision on federal stuff from the Va. Sup. Ct. to the U.S. Sup.Ct. (not that they'll necessarily grant leave to appeal, but it's an option). For example, I think 15.2-915 applies - prohibits state agencies from issuing rules affecting ownership or possession of firearms.
There are some hoops to jump through, though, mainly the notice requirement. You have to tell them you're going to file suit six months before you do so by mail to the head of the agency as well as the attorney general of Virginia. (Probably have Bill Mims on the other side, regardless of where you file.)