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Violations would include: Denial of Due Process, Denial of Equal Protection, Denial of Free Speech, and other civil rights violations. Also would any statute of limitation be changed or extended if felonious/ criminal activities were involved in this denial of rights (such as fraud and conspiricay)? While I have been told that the statute of limitation on most all discimination claims and clauses in various laws is 6 months, I can not get a clear and accurate answer if this applies to Constitutional/ Bill of Rights violations also. Any help would be greatly appreciated, thanks!

2007-08-07 10:31:48 · 3 answers · asked by HP 4 in Politics & Government Law & Ethics

This does involve a local government entity in the state of Michigan, I have spoken to Attorneys in this area however I am somewhat leary ( political connections, etc.) of some of the advice I have received. Situation has been ongoing for 17 + years and is EXTREMELY complicated. It involves many complex issues such as whistleblower protection (critical public speech), OSHA violations- asbestos, non-reporting of accidents, I have 3 serious injuries (hence the fraud, to keep insurance rates low), conspiracy to deprive me of rights under The Workers Compensation Act etc.(tons of documetation -ie: employer and "Company Doctor" discussing in e-mails "flushing me out etc.") 15+ denied promotions.....etc....etc just to much to comprehend sometimes! As a result of the 3 work place accidents I have had 3 surgeries and am looking at shoulder and knee replacements and potetial neck and lower back surgery, etc. And finally if I told you what "Government Entity" it is you would likely be floored!

2007-08-07 15:46:05 · update #1

3 answers

No -- if the suit is directly based on constitutional violations, then as long as the problem is ongoing, you can file suit.

If the suit is based on past violations that are not ongoing, then it would be based on what federal (or state) statute grants relief -- such as 42 USC 1983 for civil rights violation under color of authority, or other statutes for discrimination issues.

But it's almost certainly longer than 6 months -- however, don't delay in speaking to an attorney about your particular case, so the attorney can research that particular issue.

2007-08-07 13:25:13 · answer #1 · answered by coragryph 7 · 0 0

Well, for most of those you would be filing a lawsuit against a government entity, in which case you would need to file a claim within 6 months, and then if it's not resolved (which rarely happens), you have very little time to file in civil court -- depending on the claim, from one year to three. I doubt that it would change much if you added causes of action about fraud and conspiracies.
Do you want to be more specific?

2007-08-07 10:36:38 · answer #2 · answered by Hillary 6 · 0 1

Usually you have to file within a certain time frame but I believe every jurisdiction sets different time tables.

2007-08-07 10:35:23 · answer #3 · answered by Legally Brunette 3 · 0 1

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