Lex Fori PLLC filed another Petition in the United States Supreme Court asserting veterans' rights to file civil rights actions against the state for the unlawful taking of their disability pay. This case arises out of a split of authority among the Circuit Courts over whether a viable cause of action exists under the Civil [...]
Category: 42 USC 1983
Constatino, et al. v. Detroit, et. al., Wayne County Circuit Court (3rd Circuit)
This is a lawsuit filed yesterday by Great Lakes Justice Center in Wayne County, Michigan regarding alleged voter fraud during the November 3, 2020 election. They have also filed a temporary restraining order. Wayne County is the county in which the City of Detroit is located. While you can read it for yourselves, I'll give [...]
COVID19 – Legal Opinion Letter Prepared for County Sheriffs in Michigan Addressing Potential Civil Liabilities for Enforcing Orders that Violate Fundamental Constitutional Rights Under Federal and State Law
Constitutional Rights Cannot Be Quarantined! We have consulted municipal insurers, governmental entities and law enforcement agencies on several aspects of potential liabilities arising from enforcement of executive orders issued in response to the COVID-19 pandemic. Below is our letter addressing potential civil liability for law enforcement and prosecutors under state and federal law. https://lexforipllc.com/wp-content/uploads/2020/05/Final-Letter-and-Memo-re-Constitutional-Violations-by-Enforcement-of-Executive-Orders-Re-COVID-19.pdf Click [...]
Subjective Good Faith Exception Established by Michigan Supreme Court in Odom v Wayne County Continues to Clearly Delineate Parameters of Liability for Law Enforcement Officers in Michigan
In a case brought to the Michigan Supreme Court by Carson J. Tucker in 2008, Odom v. Wayne County, a seminal (and essentially unanimous) decision and a lasting jurisprudential pillar of governmental tort liability law in Michigan, the Court interpreted the "subjective, good-faith" exception to intentional tort and gross-negligence claims found in Michigan's Governmental Tort [...]
United States Supreme Court Holds Federal Statute of Limitations Tolling Provision “Stops” Remaining Time to File State Law Claims Under Applicable State Statute of Limitations
In a 5 to 4 decision, Artis v. District of Columbia, 199 L. Ed.2d 473 (2018), the United States Supreme Court has held that 28 USC § 1367, the "supplemental jurisdiction" statute containing a statute of limitations tolling provision, stops the remaining time within which to file state law claims if the federal suit is dismissed. The holding [...]