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Attorney General non-compliance with Federal Code. What offense is this?


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#1 Notofthisworld

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Posted 03 December 2012 - 10:13 AM

When one tries to enter court upon the 14th Amendment's Due Process and Equal Protection statement and is ignored, is this against any law and so much so, that one needs to press charges to continue in court?

#2 Tax_Counsel

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Posted 03 December 2012 - 04:42 PM

You'll have to be a lot more specific as to the facts if you want a useful reply. What exactly do you mean "enter court?" Did you file a complaint to sue some person or organization? If so, in what court did you file the complaint and were you suing a government agency or private person/entity? What do you mean when you say you were "ignored?" If you file a lawsuit, either the defendant you are suing responds or doesn't respond. A lack of response from the defendant is not a violation of any of your rights. You simply seek a default judgment if the defendant fails to respond.

What specifically do you contend violated your rights to due process and equal protection? I note that the general public seems to have a very bad idea of what these terms actually mean.

Finally, note that private persons don't "press" criminal charges. They make complaints about any criminal activity with the appropriate law enforcement agency.

#3 pg1067

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Posted 03 December 2012 - 07:51 PM

Your post makes virtually no sense at all.

What do you mean by "enter court upon the 14th Amendment's Due Process and Equal Protection statement"? How does one "try" to do that? What would it mean to be ignored? What do you mean by "press charges to continue in court"? The term "press charges" typically refers to the prosecution of criminal charges by a local, state, or federal criminal prosecutor, and the circumstances under which a private citizen can "press" criminal charges on his/her own are very few and uncommon.

#4 Notofthisworld

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Posted 03 December 2012 - 10:22 PM

What I am trying to get across here is....I filed a lawsuit against the Dept. of Corrections with the head of the Dept. of Corrections attached within Superior Court. I am demanding my day in Court for DOC's negligence in supervising a man who was under their custody and while, killed my Mom and almost me by his car one day while high on meth that he had manufactured and was delivering bags to his clients.....I did not know all of this information for quite some time. My Mom died in the street and I endured severe injuries and was hospitalized. I had a head injury and did not know where I was at in life...I was a single mom living rural with two children at the time. There was a criminal trial and I was the last witness at it......it should of been postponed because I could barely function........time had passed and after hearing from a crime victim's advocate that I could sue Dept. of Corrections because of the custody issue and because I had long ago exhausted my car insurance coverage because all fell on my shoulders financially and I had lost our home and now on disability and still fighting for my life and going to doctors, I began this lawsuit out of discovery that I could and went into Court, Pro Se and Indignant, with the 14th Amendment being the most precious law up-front that I began using to try and to get across to everyone what a fatal MVA like this does to each victim and their families. If I did not have children to help support me because they have grown older now, as I have, I would of been long ago put out on the street from this meth heads abuse. I do not believe with all my heart that this should happen to me and my family or to anyone. I felt that our Attorney General's Office and the Superior Court just did not care and as fast as they could usher this out of Court the better. They put me at the end of their list so few people would be present and hear my truth and said that these types of lawsuits only began occurring in 2006 and really didn't want me nor my family nor anyone in this predicament to obtain justice. But if the tables were reversed......So I think that non-compliance with Federal Code, which is what happened to me here at this Superior Court is wrong.....so wrong that I have no choice but to seek to press charges against the one who initiated this response and then get the lawsuit back up in Court. Does this make sense?

#5 LegalwriterOne

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Posted 03 December 2012 - 11:00 PM

Well, first you didn't identify the state this occurred in and second, you didn't say how long ago. In order to sue any governmental agency or entity, you must first comply with the relevant portions of the tort claims act within the time set forth under that statute. You didn't indicate you did that either and if that's the case, your suit may be barred no matter how you try to frame the issue. Consult local counsel.

#6 Notofthisworld

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Posted 03 December 2012 - 11:40 PM

I am not trying to frame any issue.....this is my heart after what me and my family have endured and after finding out that we could sue the DOC. The 14th Amendment assures this to all citizens of the US regardless. The state is WA and discovery is when statue of limitations begins.

#7 doucar

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Posted 04 December 2012 - 12:10 AM

the statute of limitations begins to run at the time of the wrong, except in very few matters. You did not say what happened to your lawsuit. Was it dismissed, if so what was the reason.

#8 Tax_Counsel

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Posted 04 December 2012 - 12:28 AM

There was a criminal trial and I was the last witness at it......it should of been postponed because I could barely function.


Criminal prosecutions are done by the state for the benefit of society as a whole, not for the particular victim(s) of the criminal’s actions. This is something that I think most of the public doesn’t understand all that well. The remedy for the victim against the criminal is under the civil law — the victim may sue the criminal for harm the criminal did to the victim.

I filed a lawsuit against the Dept. of Corrections with the head of the Dept. of Corrections attached within Superior Court. I am demanding my day in Court for DOC's negligence in supervising a man who was under their custody and while, killed my Mom and almost me by his car one day while high on meth that he had manufactured and was delivering bags to his clients.....I did not know all of this information for quite some time.


Very generally, the claim you’d have here is a basic tort claim — negligent supervision of the inmate in its custody. These claims are pursued under state law. This is not a federal law issue.

The first thing you’d need to check is whether you filed your claim timely. If you failed to notify the state or file the court complaint in the time the state statutes specify for tort claims against the state, then your lawsuit will be dismissed by the court. Even if you had a great claim to bring, if you waited too long, then you are out-of-luck. You stated in another follow up that the time for the statute of limitations begins upon discovery. That’s not quite accurate. The Supreme Court of Washington has stated that the discovery rule applies as follows:

The general rule in ordinary personal injury actions is that a cause of action accrues at the time the act or omission occurs. "In certain torts, ... injured parties do not, or cannot, know they have been injured; in [those] cases, a cause of action accrues at the time the plaintiff knew or should have known all of the essential elements of the cause of action." This is an exception to the general rule and is known as the "discovery rule."


Estates of Hibbard v. Gorden, Thomas, Honeywell, Malanca, Peterson, and O'Hearn, a law firm; et al, 118 Wash.2d 737, 744-745; 826 P.2d 690, 694 (1992).

Thus, it is the discovery of the INJURY that starts the running of the statute of limitation. You knew of the injury the day the collision occurred and starting that day you could have then investigated to find out the state’s role in it. Thus, based on the Washington case law, I don’t see in this fact pattern where the discovery rule would apply here to allow the claim to be filed later than 3 years after the date of the collision as provided in RCW § 4.16.080(2). You should consult a Washington personal injury lawyer about that, but if you filed it more than 3 years after the collision, it was probably too late.

So, was it the statute of limitations that got the lawsuit dismissed? Or something else?

The 14th Amendment does not override the state laws regarding how civil suits are pursued against the state. More specifically, it doesn’t negate the application of the state’s statute of limitations.

#9 pg1067

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Posted 04 December 2012 - 08:25 AM

Your style of writing -- i.e., your use of non-standard sentence structure and punctuation -- makes it difficult to understand what you write. If we can't easily understand what you write, it makes it more difficult to provide accurate and useful responses.


What I am trying to get across here is....I filed a lawsuit against the Dept. of Corrections with the head of the Dept. of Corrections attached within Superior Court.


I'll assume that you mean that you named as defendants both the DOC and the head of the DOC.


I am demanding my day in Court for DOC's negligence in supervising a man who was under their custody and while, killed my Mom and almost me by his car one day while high on meth that he had manufactured and was delivering bags to his clients.


I don't know what you mean by "under their custody." If the man was driving on a public road, then he cannot have been in the custody of the DOC. I'm going to guess that you mean this man was released from custody and, perhaps, still on parole when this incident happened. If the theory of your lawsuit was that, in your opinion, the DOC should not have released this man from custody, your suit isn't viable.


There was a criminal trial and I was the last witness at it......it should of been postponed because I could barely function.


Criminal trials don't get postponed just because one witness can "barely function" (whatever exactly that means). Criminal defendants have a right to a speedy trial and perhaps the prosecutor believed the case could go forward despite your condition. It is entirely within the prosecutor's discretion to make that call.


time had passed and after hearing from a crime victim's advocate that I could sue Dept. of Corrections because of the custody issue and because I had long ago exhausted my car insurance coverage because all fell on my shoulders financially and I had lost our home and now on disability and still fighting for my life and going to doctors, I began this lawsuit out of discovery that I could and went into Court, Pro Se and Indignant, with the 14th Amendment being the most precious law up-front that I began using to try and to get across to everyone what a fatal MVA like this does to each victim and their families.


I can't follow what you're saying with this gargantuan run-on sentence. I suggest you proofread what you post before hitting send and ask yourself whether the things you have written will make sense to a total stranger who has no background with your situation.


I do not believe with all my heart that this should happen to me and my family or to anyone.


I can't tell what "this" refers to in this sentence or why you think your feelings are relevant.


I felt that our Attorney General's Office and the Superior Court just did not care and as fast as they could usher this out of Court the better.


Ok, so I'm guessing that you're trying to convey that the lawsuit you filed was dismissed for some reason. Without any information about why the case was dismissed, all I can say is that the Attorney General's only interest would be to protect his/her client -- i.e., the DOC.


They put me at the end of their list so few people would be present and hear my truth and said that these types of lawsuits only began occurring in 2006 and really didn't want me nor my family nor anyone in this predicament to obtain justice.


How do you purport to know their motivations? What "list" are you talking about? Did someone actually tell you that he/she did not want your family "to obtain justice"? Or is that just your spin on the dismissal of your case?


So I think that non-compliance with Federal Code, which is what happened to me here at this Superior Court is wrong.....so wrong that I have no choice but to seek to press charges against the one who initiated this response and then get the lawsuit back up in Court. Does this make sense?


Sorry, but no. It makes no sense at all. What "Federal Code" are you talking about? As far as "press[ing] charges," that term generally refers to the filing of a criminal prosecution, but private citizens cannot generally prosecute criminal charges.

Your follow up post contains a whopping 451 words, but here's all you really told us: "My mother was killed and I was injured by a man who was released from custody by the department of corrections. I contend that his release was negligent and sued the DOC but my case was dismissed because ____." While not clear, it seems that the court dismissed the case because you failed to file it within the time provided by the statute of limitations, and it also appears that you contend that such dismissal was in violation of the 14th Amendment. That's all I really get from that 451 word follow up post. If you want to post further, I suggest you include relevant facts and leave out the rhetoric. And again, I suggest that you proofread what you have written before hitting the "post" button. If you cannot communicate your situation and your question(s) in a manner that we can understand, we cannot provide you with relevant information in response.


I am not trying to frame any issue.....this is my heart after what me and my family have endured and after finding out that we could sue the DOC. The 14th Amendment assures this to all citizens of the US regardless.


The 14th Amendment assures no such thing and has little, if any relevance to a state's application of a statute of limitations to an individual case.


The state is WA and discovery is when statue of limitations begins.


Not correct. In a personal injury case arising out of an auto accident, the statute of limitations starts running on the day the accident occurred. If the plaintiff is incapacitated at the time of expiration of the statute of limitations, the statute of limitations may be tolled until such time as the plaintiff regains capacity.




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