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I have question that I need answering, who do I send the required letter seeking monetary damages from a federal agency a breach of duty, constitutional violations? . . occurring all by the agencies and its employees?  Before taking it to Court

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37 minutes ago, foolish said:

who do I send the required letter seeking monetary damages from a federal agency a breach of duty, constitutional violations? . . occurring all by the agencies and its employees?

 

These "sentences" are grammatical messes, but the answer obviously depends on the relevant facts, including the particular agency involved in the situation.

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 This happened with a federal agency, ICE to be exact, it entered into a plea agreement, which was later breached, it quickly worsen and went out control as soon as I demanded specific performance, the transcripts that contained the plea agreement disappeared was destroyed for no apparent or legal reason, (however, evidence exist that a copy exist but I wont get into that right now on this board),  its never been denied or disproven  that the (non-discretionary) plea bargain occurred,  but it has been ruled that the plea bargain was enforceable because 'allegedly' misconduct occurred by the official entering the agency and agreeing to the plea bargain. .  I have been irreparably injured. . . . I could go on but again not on this board.  Because its ongoing.

 

So what agency do I send the requisite letter to? or what needs to be done to initiate a civil action for monetary damages . . 

 

 

 

 

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1 hour ago, foolish said:

So what agency do I send the requisite letter to?

 

I'm not sure what "requisite letter" you're talking about, but I can't imagine why you wouldn't send it to the agency involved (i.e., ICE).

 

 

1 hour ago, foolish said:

what needs to be done to initiate a civil action for monetary damages

 

File a complaint with the appropriate federal district court.  Without clear facts, I doubt anyone can tell you more than that.

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You can do either.  However, if this "requisite notice" is something that's required by law or some agency regulation, then you need to read the applicable law or regulation to see if a particular method of delivery is required.

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Not to get off topic, but it is relevant. Under 28 U.S. Code section 2401 (a), seems to toll statue of limitations after six years to commence a civil action sounding in tort against the United States, where a plaintiff can prove a legal disability or is beyond the seas.  

 

My question is (1) what type of legal disability must be proven to be eligible for this clause (2) what does \beyond the seas' legally mean: Does it cover people not in U.S, which would preclude jurisdiction on that action.  Can some one give me a scenario on these two clauses in section 24914 of title 28.         

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"All tort claims must be commenced within two years. Pittman v. United States, 341 F.2d 739 (9th Cir. 1965); Simon v. United States, 244 F.2d 703 (5th Cir. 1957); United States v. Glenn, 231 F.2d 884 (9th Cir.), cert. denied, 352 U.S. 926, 77 S.Ct. 223, 1 L.Ed.2d 161 (1956)."  Hoch v. Carter (SDNY 1965) 242 F. Supp. 863.

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On 2/16/2018 at 0:39 PM, foolish said:

I have question that I need answering, who do I send the required letter seeking monetary damages from a federal agency a breach of duty, constitutional violations? . . occurring all by the agencies and its employees?  Before taking it to Court

 

It depends on exactly what claim you wish to bring. For a tort claim under the Federal Tort Claims Act (FTCA), you must submit a written claim to the agency official designated by the agency for such claims. Generally you would use Standard Form 95 to submit that claim, though the use of the Form is not required. The form is useful as it guides you to the information you need to supplly in your claim. You must submit the administrative claim within two years from the date the cause of action accrues. Failure to submit the claim timely may bar your claim. After you have pursued your administrative claim, including exhausting any internal agency appeals, you have six months from the date the claim was rejected to file a lawsuit against the United States in U.S. district court. If you fail to file timely your claim will be barred. 

 

A different procedure is followed for contract claims, but you have not given any indication you wish to bring a contract claim so I'll not get into details on that here. Note that the type of claim is very important because most contract claims against the federal government must be heard in the U.S. Court of Federal Claims. That court does not hear tort claims. Contract claims are generally subject to a six year statute of limitation (SOL).

 

If you wish to bring some kind of statutory claim against the federal government then the process for that and the applicable SOL will depend on the statute under which you bring the claim. 

 

Any tolling of the statute of limitation will likewise depend on exactly what kind of claim you bring. You do not get juries in civil cases brought against the federal government or its agencies. The judge will decide the case. 

 

I'm going to guess that this is a continuation of your quest for justice over what you percieve is ICE’s (and its predecessor agency) injustice at how it treated you with regard to the plea agreement you made in state court years ago. You have been litigating against the federal and state governments on that for many years, and thus I rather think you are well beyond the time to pursue some new civil action against ICE on that situation now. If I’m right, your quest is starting to have a desperate kind of feel to it. From what I understand of the situation I do not see much of a good tort or contract claim here against ICE for what happened, and even if there was, the SOL would be gone as I understand the event that prompted your long journey through federal and state courts on this occurred much longer than 6 years ago. You have been a member here for 10 years after all, and as far as I can recall your posts during that time have primarily been about this situation, either the federal or state court aspect of it. If you are planning on brining another claim against ICE on this at this point I would strongly urge you to see an attorney familiar with litigating against the federal government for a review of your proposed claim to see if you may bring it at this late date and if have any realistic shot to win it. You don't want to waste months or years more time plus costs pursuing another claim if you do not have a realistic shot at winning it.

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18 hours ago, foolish said:

what type of legal disability must be proven to be eligible for this clause (2) what does \beyond the seas' legally mean

 

If I wanted to answer these questions, I would start by looking at the Moore's Federal Practice and Wright & Miller treatises.  I suggest you get yourself to a law library and do exactly that.

 

 

19 hours ago, foolish said:

Can some one give me a scenario on these two clauses in section 24914 of title 28.

 

There is no section 24914 in Title 28 of the U.S. Code.  The highest numbered section in Title 28 is 5001.

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