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Are there any administrative remedies that have to be exhausted before I can file a complaint for violation of free speech?

Corona, CA |

Are there any administrative remedies that have to be exhausted before I can file a complaint for violation of the first amendment for free speech?

Attorney Answers 4

Posted

The answer is probably yes but I would need more facts to give a more thoughtful answer. Who is depriving you for your free speech rights? Please provide some additional facts.

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6 comments

Asker

Posted

it's a government entity

Asker

Posted

the only agency I can think of however that I would have to file with is the DFEH, and on the DFEH website, a claim is only filed with them under the UNRUH, Ralph civil rights act, or for discirmination under FEHA. There is nothing for violation of free speech though

Asker

Posted

i want to add that i also want to bring this cause of action against an individual too (at that entity) along with the government entity

Matthew Mackenzie Clarke

Matthew Mackenzie Clarke

Posted

I agree with the other attorneys who answered "Yes".

Asker

Posted

thanks for your response but it doesn't help me much unless you tell me with whom I should exhaust my remedies. In other words...which agency do I file a claim with first before filing a lawsuit??

Asker

Posted

and to clarify, this will be filed in state court not federal

Posted

Usually yes since likely claim against a governmental agency. But your facts are not clear how what who when etc. good luck.

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Asker

Posted

it's a government entity. the only agency I can think of however that I would have to file with is the DFEH, and on the DFEH website, a claim is only filed with them under the UNRUH, Ralph civil rights act, or for discirmination under FEHA. There is nothing for violation of free speech though. Any thoughts?

Pardis Patrick Ashouri

Pardis Patrick Ashouri

Posted

those comings you mention are filed with DFEH. but you are looking to file a claim against them and not with them. so research about claims against DFEH and it's required administrative complaint procedure to exhaust before a civil claim. usually there are either 3 or 6 months statute of limitation for filing a claim against a governmental entity. good luck. again you are silent as to the 5 w's. who what where when etc.

Posted

Assuming that the complaint is against a governmental entity, then the answer would be yes.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.

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Asker

Posted

whom do I file a claim with before filing a lawsuit?

Posted

No, a Federal Civil Rights action under USC 1983 does not have any such pre-requisite. If a State government has violated your constitutional rights, you can immediately file suit in federal court.

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Jimmie Lee J. Brown Jr.

Jimmie Lee J. Brown Jr.

Posted

Usually, there may be some notice requirement to give.

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