Defendants Motion To Dismiss.

The defendant defends a suit not prosecuted in order to have a defense.

The ploy is to term the plaintiffs suit a "Tort Claim" in order to apply statute of limitations. The suit is for "Injunctive Relief and Specific Performance. Since 1985, title 42, §1988 has been in place and since "Wilson v. Garcia", a suit brought in pro se by an inmate who was beaten by a guard, dismissed then appealed and finally taken to the Supreme Court where it was decided that "since a civil rights claim had aspects that were personal injury claims, that ALL civil rights suits were personal injury claims and subject to the time limits of personal injury or tort claims"; completely neglecting the fact that the idea of civil rights laws is to create accountability to civil rights violations by government.

By terming all civil rights claims as only "tort claims", if an injured citizen could not find an attorney to file the suit within the time limit, the governmental entity could evade accountability for civil rights violations. Basically encouraging governments to hurt citizens more with rights violations to; if possible; impair the citizens capacity to prevent the filing of a suit within the time period allowed.

 

1

 

2

3

4

5

6

Pages 7 through 11 of the Defendants Motion To Dismiss

Return to CV06 2085 Complaint

Back to the purpose of law