4 – Basis for Federal Case

Title 42 of the U. S. Code § 1983 is part of the Civil Rights Act of 1871.  It is the primary means of enforcing all constitutional rights. 

The original intent was to provide a means for individuals and states to enforce the provisions of the 14th Amendment.

This was the vehicle I used to sue the defendants pima county, arizona, pima county attorney barbara lawall, former pima county sheriff clarence dupnik (sheriff at the time of the incident in 2014), former pima county sheriff chris nanos (succeeded dupnik), current pima county sheriff mark napier, detective jeffrey castillo of the pima county sheriff’s department, and unknown parties as of the time of filing for violation of the due process clause and equal protection clause of the 14th Amendment.

The relevant portion of § 1983 states:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State…subjects, or causes to be subjected, any citizen of the United States…to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

A “person” is broadly defined in 42 U.S.C. § 2000e and “includes one or more individuals, governments, governmental agencies, etc.” which is exactly who I named as defendants.

Section 1 of the 14th Amendment states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. 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.

In my civil case the defendants deprived a citizen of the United States of rights and privileges that are secured by the 14th Amendment as I was deprived of my liberty and property without due of process of law and denied equal protection of the law.

Seems clear cut to me.  The due process allegation was already made during the criminal case.  This is not something materializing out of thin air.  It makes no sense that this case did not move forward.  I was capable of handling the complaint and it was not even close to being flawed to the point of dismissal.

The real problem here is the attorney I was up against – senior united states district judge frank zapata of the united states district court for the district of arizona-TUCSON.

Yes, Tucson is in pima county.