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Is there a U.S. Civil Statute regarding the right to protest, or the right of free speech?

Bardstown, KY |

If filing in Federal Court one must fill out a Civil Cover Sheet. It requires that the U.S. Civil Statute under which one is filing be cited. Is there a U.S. Civil Statute covering the right to protest and/or the right of free speech?

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Attorney answers 3

Posted

Federal courts require a specific grant of jurisdiction and you must elect either federal quation jurisdiction pursuant to 28 U.S.C. § 1331 or diversity jurisdiction defined under 28 U.S.C. § 1332.

Save yourself a great deal of trouble and read both of these before filling out forms.

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.

Heather Morcroft

Heather Morcroft

Posted

I would add that if you are trying to sue for a constitutional violation, these cases are very complex to plead and argue, and you need to have a lawyer.

Posted

Would 42 U.S.C. 1983, providing a civil action for the deprivation of constitutional rights under color of law, fit?

Posted

The United States Constitution, Bill of Rights:
AMENDMENT I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Frank Mascagni III

Frank Mascagni III

Posted

Section 1983 of Title 42 of the United States Code provides, in part: § 1983. Civil action for deprivation of rights “Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress,… “ Under this federal statute, a person who is deprived of their rights under the Constitution by someone acting under “color of law” (federal, state, or local) can bring a federal cause of action for damages and other relief. The statute provides a right of redress for parties deprived of constitutional rights, privileges, and immunities by an official's abuse of his or her governmental position. Elements of a Cause of Action Generally speaking, there are three elements required to bring an action under 42 U.S.C. 1983. The plaintiff must prove the following: 1) He or she was deprived of a specific right, privilege, or immunity secured by the Constitution or laws of the United States; 2) The alleged deprivation was committed under color of state law; and 3) The deprivation was the proximate cause of injuries suffered by the plaintiff. There must be a causal connection between the defendant’s action and the alleged injury. This means that harm experienced by the plaintiff must be the result of an action on the part of the governmental entity or its agent.

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