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Legal question

slidelock

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In a federal 1983 lawsuit, is it possible to sue police officers seperately as well as jointly. In other words, if the municipality wants to settle, could you continue the lawsuit against the police officers?
 

LOERetired

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1983 civil rights suit

In a federal 1983 lawsuit, is it possible to sue police officers seperately as well as jointly. In other words, if the municipality wants to settle, could you continue the lawsuit against the police officers?

I believe in a 1983 suit you need to sue each individually, because if you don’t and the Judge dismisses one of the officers from the suit, than the entire suit could dismissed.

In addition, I don’t think you can file a suit against a group of Law Enforcement officers under a 1983 federal civil suit, the suit has to list each person or government agency separately. But, I’m not an attorney; however, I contemplated a 1983 Federal suit against two officers on a traffic stop about a year and a half ago which violated my constitutional rights and researched it extensively but, never filed it. If you PM me with your personal email, I will send you a copy of the suit I wrote up so you can see what it would look like. By the way, the statute of limitation is two years to file a 1983 civil Federal suit.

Don
 

LOERetired

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Joined
Mar 15, 2010
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federal 1983 lawsuit

In a federal 1983 lawsuit, is it possible to sue police officers seperately as well as jointly. In other words, if the municipality wants to settle, could you continue the lawsuit against the police officers?

Here is a good start to resurch your question:

http://www.fjc.gov/public/pdf.nsf/lookup/Sect1983.pdf/$file/Sect1983.pdf


Don
 
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