[Noisebridge-discuss] DoJ supports the right to record police (and to sue if they try to stop you)

Sai sai at saizai.com
Sun Mar 24 01:59:53 UTC 2013


On Sat, Mar 23, 2013 at 6:39 PM, maestro <maestro415 at gmail.com> wrote:
> # important for folks to know that you can also sue the cop(s) in small
> claims>>
> # for up to $7500, but it must be other charges than used in a civil
> settlement.

To be clear, this is not a limit on §1983, but on small claims court.

> # example: use U.S.C. 1983 in federal court and assault/battery/others in>>
> # small claims (whatever they may be you can prove)

Also, §1983 can be brought in state courts.

> # this makes it possible to sue them twice where you cannot in federal.
> # and you sue them under their name NOT city of S.F./sfpd/name(s).

Not entirely true. Yes, §1983 directly means suing someone as an individual.

However, a §1983 Monell action lets you sue the city, if there is a
policy or practice that encourages unconstitutional behavior, a
failure to train, or the like.

> # 'they' will usually push it to the max. 2 year time frame trying to get
> you to lose>>
> # patience and faith and drop it.

What are you talking about? The only delays they can do are within the
trial; they can't delay when you choose to file suit. Statutes of
limitations only concern when you initiate suit, not how long it takes
to go through court.

- Sai


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