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Can I file a civil rights law suit if an illegal immigrant stole my identity and law enforcement and DA will not help?

My identity was stolen by an illegal immigrant who has used it in their job and to purchase a vehicle. The IRS had contacted me regarding taxes that were not filed and I had to spend several months,and my own time and money to prove that the person they were talking about was not me but that someone had stolen my id. It also hurt me when I tried to buy a house and it is still an issue that I have to keep track of regarding taxes and credit. I sought the help from the police dept, the sheriff dept and the district attorney's office but no one would help me. I would like to know what my options are and if I could file suit for a violation of my civil rights under the equal protection clause due to the fact that my local government will not help me.

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Attorney answers (1)

Reputation Level 20
I think you misunderstand what our civil rights laws are all about. Section 1983 of the Civil Rights Act is not intended to force some government agency or District Attorney to do something. Indeed, the District Attorney has exclusive discretion on what matters to prosecute and what matters not to prosecute.

The reasons for not bringing charges against the illegal immigrant are likely many, and are likely varied. Perhaps there is not enough evidence to convict. Perhaps the person is not within the jurisidiction of the District Attorney. Perhaps.... [and on and on].

I do not see your matter as a civil rights case for the courts.

Check with a lawyer in your locale to discuss more of the details. Perhaps you have a lawsuit case against the illegal immigrant for conversion or fraud.

Good luck to you.

God bless.

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Other answers (1)

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stayinalive

The first thing you need to do is to consult a lawyer and discuss your concerns. Clearly your rights were violated by someone else and an attorney is the only one who could help you walk through all the process. If you'll just keep on letting it pass then the gov't will see it as you're the one doing all those things, in short you'll be framed by someone's actions. Anyway, you'll have a strong case if you pursue it until you get your justice.
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