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Can I sue state for violation of constitutional rights?

Draper, UT |

Because of the protective order issued against me upon request of my husband, I was expelled from my family house and separated from my only child. The 5th and 14th Amendments of the Constitution state that a person should not be deprived of his life, liberty or property without due process of law. I wasn't given a notice and an opportunity to be heard prior the issuance of protective order. I have had 2 post-deprivation hearings during which I wasn't provided with an interpreter even if I specifically asked to arrange this service, was not allowed to cross- examine witnesses and other party's attorney was not asked to admit his exhibits into evidence. I have lost both hearings. Can I claim both- a language discrimination and violation of constitutional rights?

Attorney Answers 3


  1. Maybe. Lots of facts missing that need to be examined first.

    Hard to believe you had two hearings and you were not allowed to participate in your defense. I assume you handled the matter yourself. Is it possible you fan afoul of civil procedure and/or court rules--one of the toughest one-two punches pro se litigants face.

    Recommend you consult with a UT attorney ( I am NOT a UT attorney) to determine if you have appeal, motion to set aside, or motion to reconsider options.

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  2. You can always try. It will be an uphill battle and impossible without an excellent attorney.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.


  3. Sometimes you have to appeal when there has been an abuse of discretion or what the judge has done does not meet the essential requirements of the law. Consult with a local attorney.

    R. Jason de Groot, Esq., 386-337-8239