California Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand

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Multi-State
Control #:
US-000282
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Description

This form is a Complaint. This action was filed by the plaintiff due to a strip search which was conducted upon his/her person after an arrest. The plaintiff requests that he/she be awarded compensatory damages and punitive damages for the alleged violation of his/her constitutional rights.


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FAQ

The Fourth Amendment right against unlawful search and seizure, the right to a trial by jury, the right to an attorney, and freedom from self-incrimination are all examples of provisions central to procedural due process.

14th Amendment - Citizenship Rights, Equal Protection, Apportionment, Civil War Debt.

What Is Due Process? Due process is a requirement that legal matters be resolved ing to established rules and principles and that individuals be treated fairly. Due process applies to both civil and criminal matters.

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

?Opportunity to be heard? refers to a hearing, which is a chance to appear before a court, a committee, a board, or a council to present evidence and argument before being punished by the government.

Amendment Thirteen to the Constitution ? the first of the three Reconstruction Amendments ? was ratified on December 6, 1865. It forbids chattel slavery across the United States and in every territory under its control, except as a criminal punishment.

Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with ?equal protection under the laws,? extending the provisions of ...

When the government seeks to deprive a person of one of those interests, procedural due process requires at least for the government to afford the person notice, an opportunity to be heard, and a decision made by a neutral decisionmaker.

Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with ?equal protection under the laws,? extending the provisions of ...

Making room for these innovations, the Court has determined that due process requires, at a minimum: (1) notice; (2) an opportunity to be heard; and (3) an impartial tribunal.

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California Complaint For Strip Search - 4th and 14th Amendment, US Constitution - Jury Trial Demand