Can i sue a law officer in state civil court for excesive force as a pro se litigant?

Asked over 1 year ago - Rockford, IL

I want to sue 2 sheriffs deputies in state civil court . I have the packet for federal court and would just like to know what is the best way to go about it pro se.

Attorney answers (6)

  1. Joshua Gene Rohrscheib

    Contributor Level 8

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    Answered . While you may be able to, suing a law enforcement officer pro se remains a very, very bad idea. Talk to a local lawyer, and do so right away. Actions against government entities and employees often have a shorter statute of limitations, so time is of the essence. Best of luck.

  2. Judy A. Goldstein

    Contributor Level 20

    7

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    Answered . There is no good way to go about suing sheriff's deputies pro se. You will not get very far on your own. If you have viable case, you should speak to any attorney about handling the case for you.

  3. Michael T Millar

    Pro

    Contributor Level 19

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    Answered . I agree with my colleagues - it is not advisable to proceed pro se on that claim.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  4. Luke D. Kazmar

    Pro

    Contributor Level 14

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    Answered . A SECTION 1983 lawsuit for violation of your civil rights is what you are thinking of.

    Don't go pro se because you need an attorney for such a difficult

    In short, you would have to prove that sheriff deputies were acting "under color of state law" even though their actions violated state law.

    In other words, the liability will exist where a government official acted outside the scope of the authority granted to him by state law.

    Numerous immunities apply, so the case would be very difficult.

    The author provides the preceding information as a service to the public. Author's response, as stated above,... more
  5. Constantine D. Buzunis

    Contributor Level 17

    7

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    Answered . This is is a very bad idea, if you are going to embark on such a case, you should meet with an attorney experienced in goverment claims and civil rights cases. These types of cases have particular claims requirements and qualified and absolute immunitites. If you can't find a lawyer interested in your case, it may likely be a signal that it is a not good case or you don't have enough damages to justify the cost and time for a lawsuit? Good luck.

    Legal disclaimer:This message does not constitute legal advice and does not create an attorney-client relationship.... more
  6. Jeffrey Logan Whitcomb

    Contributor Level 13

    4

    Lawyers agree

    Answered . To answer your question, you need to draft a Complaint alleging viable legal theories against the Defendants and then file it with the Court. Then have each of the Defendants served with a Summons and a copy of the Complaint. That would get you started.

    I agree with the others that you would be better off consulting with an attorney.

    Good Luck.

    Jeffrey L. Whitcomb
    Whitcomb Law Firm, Ltd.
    www.whitcomblawfirm.com

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