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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?

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Attorney answers 3


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

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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