Federal Pro Se [Non-prisoner] Complaint Form:
** THIS IS NOT A FEDERAL PRO SE COMPLAINT FORM *****
Ohio Federal Pro Se - Non-Prisoner - Complaint Form
Category:
State:
Multi-State
Control #:
US-01991
Format:
Word;
Rich Text
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How to fill out Federal Pro Se - Non-Prisoner - Complaint Form?
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FAQ
42 U.S.C. section 1983 allows police-misconduct victims to hold wrongdoing officers, their supervisors, and employers accountable.
Section 1983 is a remedial statute authorizing a civil action against defendants who act under color of state law and violate rights otherwise secured under federal law. The statute confers no substantive rights.
Under 42 U.S.C. § 1983, you may sue state or local officials for the ?deprivation of any rights, privileges, or immunities secured by the Constitution and [federal laws].? Under Bivens v.
Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.
On a separate page or pages, write a short and plain statement of the answer to the allegations in the complaint. Number the paragraphs. The answer should correspond to each paragraph in the complaint, with paragraph 1 of the answer corresponding to paragraph 1 of the complaint, etc.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
This claim must be filed in federal court, and you will need to show that the violation occurred while the officer was acting under color of law. You will also need to show that the violation resulted in some kind of harm, such as physical injury, emotional distress, or financial damages.
In law, an answer refers to a defendant's first formal written statement to a plaintiff's initial petition or complaint. This opening written statement will admit or deny the allegations, or demand more information about the claims of wrongdoing.
Typically, a defendant will respond to a complaint one of two ways: by filing a motion to dismiss or an answer, sometimes including affirmative defenses, counter-claims, cross-claims and/or third party claims as part of the answer.
If the allegations in the paragraph are not true, write: Defendant denies each and every allegation contained in paragraph 2 of the complaint. If the paragraph contains some allegations that are true and other allegations that are not, specify in your answer which parts of the paragraph are true and which are not.