I need an attorney that handles due process violation (usurpation of authority) against a federal employee. That employee is a Bankruptcy Clerk who is signing judicial orders that only a judge can sign and then entering them on the court docket. I have a very good 42 USC 1983 claim.
I'll be honest. It really sounds like you're tilting at windmills.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
It is extremely unlikely that a bankruptcy clerk is acting without authorization. Even if he or she is, I don't see this as a 1983 claim. You should search for civil rights lawyers in your area and arrange a consultation. Since 1983 allows for collection of attorney's fees, if you have a strong claim you will have no problem finding a lawyer.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
First, this was posted under Federal Criminal questions - this is a civil law matter, not criminal.
Second, I agree with the other answers that, at least on its face, this does not sound like a case many attorneys would take, for a number of reasons, not the least of which is that you haven't given any explanation or facts to indicate either how you have been injured (how your civil rights have been violated) or what your damages would be even if you had been injured.
In any event, you should seek an attorney that specializes in this type of case and provide that attorney with all of the facts that you have. You will need an attorney that is familiar with civil rights, due process, section 1983, etc.
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