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A Civil Rights Case Against the Police and Prosecutors: Litigating a Section 1983 Brady Claim 

Illinois Legal Aid Online
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Attorney Richard Dvorak, with offices in Chicago and Willowbrook, covers the basics of litigating a lawsuit against the police based on the withholding of evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), including where and when to file, immunities and defenses, and strategies for finding further Brady materials during civil discovery, and proving up Brady violations.

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7 июл 2024

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Комментарии : 43   
@deacongarygrant
@deacongarygrant Год назад
I was arrested and detained over allegations. The da in my case got pissed off at my lawyer because they felt he had no experience in that particular field as a consequence of that she was going to hang me from the highest trees you could find, which also caused any increase in my bail. As such I fired that attorney and got a new one which informed me he was friends with the da and would try to get her to calm down. Insistent upon taking it to trial it was approximately 7 months at which time my lawyer informed me that he could prove the supposed victim was lying but the da would put them on the stand cause them to cry and the jury would hang me from the highest tree they could find. With that in mind I was told I could be released that day if I was willing to accept a charge of no contest assuring me that that did not mean a guilty plea but rather I was unwilling to face the possible unpredictions of the jurors. Have you been told I had to prove my innocence and had no way of how to do that I accepted the deal. I have since found out the way they were able to threaten and manipulate and coerce me into that was because they were doing business as a military tribunal acting under admiralty Maritime jurisdiction and not common law. As I now understand that I am not a person but rather a man and I do not have a contract to do business as a ship in international waters I wish to prove that this had the wrong jurisdiction and therefore no standing. What are your impressions of the all capital name, the fact that the courts are acting as if we were descendants or corporations, in criminal law is now acting in a contractual manner in civil litigation over equity and not under a common law. I would like to hear anybody's and everybody's comments so please feel free to respond.
@anthonydied8697
@anthonydied8697 2 года назад
I have a false conviction on my record and I am currently facing another potential 15 year prison sentence because of how my cases have been handled by the police and public defenders involved who were working alongside with the District attorney to complete railroad me straight to prison. I desperately need professional help.
@crisis-cast
@crisis-cast Год назад
I am in the same Situation. I have gone along with all the garbage the Deputy, prosecutor, public defender have thrown at me. I just let them continue to dig their hole. once my case was completely over I called the Arizona State Bar and discussed parts of my case and what happened to me. The Attorney at the State Bar was very unhappy about the things I told him and even had a hard time believing me. but now he is looking into it all. and he will find out that every word I told him was the truth. if there is any Justice left in our System I fully expect it will be served very soon in Mohave County Arizona
@nicolenoyb3632
@nicolenoyb3632 Год назад
I am going through the same thing in a small municipal district in Jackson county kangaroo courts. I am an investigative journalist and I'm being ran through the system with zero opportunity to use the courts and prove my case. They've falsified evidence, accumulated false testimony and they've attempted to abduct my children with utilities of the human services dept. My driver's license has been revoked,my mail has been eliminated using a family name block, warrants are issued to hender my movement, the state has removed all of my certifications, licences, and diplomas, my children have been given tin numbers, my taxes have been amended and refiled back 9 years without my knowledge and my trust is being drained. My power of attorney has been eliminated using the kangaroo courts,my real estate stolen by judgements given by governor appointed district judge Tamara Roberts whom has clear business and alliance which provides certain proof of unjust enrichment and clear bias as well as abuse of her position. This has destroyed my public persona and illuminated my ability to use my character as a reference to my own defence. I'm dealing with undeniable proof of intentional infliction of emotional and physical distress but not one attorney in 9 months of searching will take on this issue. This feeling I'm left with I would not wish upon my worst enemy. It's undescribable. How to explain theses things to one whom haven't been raped by the government is impossible bc they can not conceive something so horrible.
@Otis-Tank
@Otis-Tank Год назад
@@crisis-cast good luck man. I'm with you. From pinal county.
@danapeeters6374
@danapeeters6374 Год назад
@@nicolenoyb3632 I believe you. Literally no one_besides the advocates and attorneys I've sooken with who change their whole demeanor when they hear who's involved like my ex is in some kind of evil protected cult! I cant say I would have either believed so many would be in on it or let it happen if I hadn't been thru what I have. Learning the law (what's available to learn) is the only option I have found. Truly no domestic violence center or woman's defense or human rights no one will stick up for me and my sons rights. Maybe the answer is to join the sovereign community if u can make all that make sense. Just another hard concept to understand
@songboat
@songboat 2 года назад
I have a case of prosecutorial misconduct. In my case the prosecutor refused to file a trespass on my behalf against my neighbor/council member was applying toxic chemicals on my private property. My neighbor's intent was to cause serious injury, he was successful. The prosecuting attorney had a conflict of interest to the degree that he was filing charges against me based on fabricated laws. The motive for my neighbor to poison me was because he purchased the non conforming lot adjoining mine from the Mayor. He was issued fraudulent building permits by the City. He illegally redeveloped his lot with no regard to State building code or drainage laws. State law has strict laws when redeveloping con conforming lots. State law requires any non conforming lot can only have new structures with a footprint no larger than the existing buildings. In this case a small double wide mobile home and a single car wood frame garage. This neighbor fill the entire lot with structures. He diverted all the storm water runoff onto my property causing uncontrollable flooding in violation of State drainage laws. When he completed his redevelopment he discovered the redevelopment was going to be denied being recorded on the County plat map. It was at this time, they (local officials) determined his remedy was to eliminate me from my property so he could acquire it. With the addition of my property he would not be considered a non conforming property. He used glyphosate to poison me. The first year he applied it on my side of our 300' common boundary. I began to have a rash on my shins immediately. I told him not to apply or come on my property again. I requested an incident report from the Police chief. It took the Police chief 16 months to give me the report. By that time my entire body was suffering from a severe skin condition. I was denied a trespass against this terrorist. I was denied any protection of he law. I was forced to flee after more than five years of being exposed in an attempt to save my life. I could not stop him and they would not stop him. Homeless and blind with none of my investment from my business I operated from that location.
@justiceberzerker
@justiceberzerker 2 года назад
May Jesus Christ protect and prosper you. I believe everything you said because I know of the evil these Satanic people perform. Seek Yeshua for comfort and guidance and I pray you find peace. Jesus is coming soon for His Church. People stay ready.
@yjopharaoh2727
@yjopharaoh2727 11 месяцев назад
Extremely important video PLEASE HIGHLIGHT🥰 very Informative🥸. Thank you for the highlight☕️😘
@JohnMelland
@JohnMelland Год назад
I'm not an attorney but a legal assistance course for my own education. I've recently learned I was arguing with the secretary who got pissed at me because I didn't want to plead guilty to my DUI. and thought my warrant was valid. I thought until recently that she was my public defender. LOL. My warrant is missing the crime description and statute for DUI. It's missing the Magistrate's signature, date, and time. My car, it's contents, my rifle aren't listed on the face of the warrant. I had to quote the statutes from the state and federal statutes, and the reason why I think my case should be dismissed! Besides, the affidavit in support of the probable cause is contradictory in that the officer first saw me EXIT my car, then later said he didn't see me nor any witnesses to say I was drinking and driving, as I was not in my car drinking. Then he said he applied for a warrant. Nothing mentioned that I had a passerby call for me. I was in the ditch due to the ICY roads. I was suicidal and wanted to go to the Boise VA psych hospital. I was arrested instead. LOL. Yep, still waiting for my public pretenders to stick up for me. Instead of the government.
@liquorinfrontpokerinrear3271
Exhaust your Administrative process first in private, by sending your claim to the board of supervisors, attorney general, and the trespasser.
@WW-on6bo
@WW-on6bo 9 месяцев назад
Richard , you are amazing. I’m a law student and I wish your were teaching at my school. This is an important part of the law I never learned and you did an excellent job of making me that much more powerful in n the future. Thank you.
@AndreRosario-zm8pf
@AndreRosario-zm8pf 5 месяцев назад
🌎🙏🙏🙏 Thank you for your help. I will be contacting a Attorney.
@ANOINTED1
@ANOINTED1 7 месяцев назад
Sir I really liked your presentation, your line of reasoning and case law is great, your voice is clear and confident, and you appear to be well-versed, What i found distracting was the constant movement of the camera that was fixed on the speaker, i would suggest that it wasn't necessary and in the future perhaps a short clip at the end of the video would be more effective and less cumbersum for the narritive.
@danapeeters6374
@danapeeters6374 Год назад
Hi. I have a severely complex issue in which the end result was my parental rights taken and handed over to the father of my 5 yr old son (SF for son's father). I currently live in subsidized housing. 2 yrs ago I began having domestic issues with my now 10month old daughters father (DF) (both father's used to be friends long ago). It's an agreement of my lease to immediately report domestic disputes to avoid termination. My DF began heavily using drugs and was out of control. I had made over 25-30 police reports in less than a 6 month period, 6 arrests and 6 releases (his parents r very wealthy and paid all bond amounts) and released even when a ppo was in place. Meanwhile my SF would have knowledge of every incident the very next morning and would harass me letting me know "he knows" and is adding to his plot to take custody. (i blv via one of the officers who most always responded to the calls, he went to highschool with both of them). He has a machiavellianist personality and always fake with our son. Fake relationship/bond him. And HIS father is a local defense attorney in my town (when we lived together he would threaten to take my custody if I left) he too had 4 domestics against me never convicted) they had each other's numbers and would use each other to terrorize me every day they also had my land lord who acted as my friend like as if she was protecting my residency thru all this when really I never violated anything, she woukd spy on me watch me on surveillance after hrs. My SF knew things like electric bill shut off notice and visitors. Charges and calls on DF included two "B and E's", distruction of property (ie.kicking my door in to the point I had to board it secure to the frame and it went reported yet unrepaired for a month unlatchable), kidnapping (me), unlawful imprisonment, stalking, assaulting a police officer, and violation of ppo order (eventually). I can't remember the other specifics but those I know for sure. Now I had never invited him, my son was actually present for 2 of the reportings,; immediate reports made always, spoke with the prosecutor several times wondering why this is still unresolved (I have a recording of the prosecuting assistant apologizing to me saying she doesn't understand what's going on). I took my son and we went and stayed at the YWCA for a week but I went home after still no assistance legally. Once trial started I was accused of using drugs. They wanted me to agree to random screens and temporary custody would go to SF and because I would not settle with my time being compromised she said parenting time to be "determined by the parties". When we disagree always. And that I exercise it at a place other than my apt while my situation was unsettled. Then two weeks later my DF (I should mention_she was not conceived yet) was sent to jail for 3m and 2 yrs probation later to find out it was apparently ordered because of the "asulting an officer" even tho I testified the day he was incarcerated. As our case went on, DF being jailed made no difference nor did my videos and call recordings. My testimony of our child's mental/emotional state, parental alienation, abuse of power and so much more I can't remember allll but never investigated. At the evidentiary hearing he had subpoenaed my landlord to testify and she completely blew me away and destroyed my case by claiming "plans" to reserve me eviction papers in which had never been filed with the court and was last settled (phony). But how would HE know of any "planned" eviction process before even I knew_to subpoena her in the first place. And still never became court paperwork and I'm currently still in my apartment. She doesn't even work here anymore. Also I forgot to mention that in the initial hearing I was bullied/forced to agreeing to the proposed "temporary" order, after repeatedly confirming it would be temporary, already an hr over schedule I asked "what if I don't agree"? Because I did NOT, The ref said "then I can enter an even more strenuous order". So obviously I didnt want that so I agreed. Finally my SF went on to requesting not only full physical but also full legal custody (never even been to a single Dr apt) and without question he was handed everything. I had full physical and we shared joint legal and I had an amazing bond with my baby. Since and throughout, many sad and disturbing things I have been powerless to address or intervene on. He doesn't even bother telling me things knowing nothing will be done. But he is always monitored and usually (now) acts like he doesn't want to talk to me (because it pleases his dad. But I have recordings of him whispering on the phone to come and get him and many times refusing and screaming to not have to leave with his dad. He had even told me at 4yrs old "sometimes he wishes he wasn't living". A report I made to the court and a request for counciling which was STRONGly objected to and denied. While my DF was jailed and sober and contacted me after getting out swearing to fix it all and get me an attorney, (he did so after the ruling) I accepted because I wasn't getting any help of any kind and he deserved to fix it!, anyway HE picked her and was obtained for my objection. She blew off meeting me until 4 days before my hearing, then suggesting I adjourn I said def no because all I needed her to prove was no more incidents had occured and I was still in my apt and the day B4 court texts me saying "looks like the judge adjourned us anyway" I didn't believe her and called the court and secretary said no the councilors requested it. I had to wait another 3 months and she yet again adjourned that making it over 5 months later and lastly resigned from my council 3-4 weeks before my hearing. She never process my request for my son to speak to a therapist (which was scheduled separately, heard SIX MONTHS later and denied. I have searched every single day on the verge of tears single day while trying to be a good mommy to my daughter and it's all for no reason. If any read this and can offer me some sort of direction please please message to me somehow peetersd30@gmail.com if that's allowed? I feel like I'm going to just die trying.
@samyoung2887
@samyoung2887 2 года назад
And they also have a Brady list on police
@itsingodshandsnow5874
@itsingodshandsnow5874 2 года назад
I love this page❤️❤️❤️❤️❤️❤️
@lotushealingsanctuary
@lotushealingsanctuary 2 года назад
What if the Prosecutor holds "with" the police, i.e. Sheriff? Tough situation...
@deboraughrodgers6301
@deboraughrodgers6301 2 года назад
I don’t understand your question
@kennyheatherly2646
@kennyheatherly2646 2 года назад
I live in Ohio scared to go outside because of the police
@eyeswideopen4628
@eyeswideopen4628 2 года назад
You have reason to be afraid of the Police
@liquorinfrontpokerinrear3271
@Kenny Heatherly.. There's a quick fix to that fear.. Turn that fear on them from you. Because once you bring a claim against them for harm and injuries, and affecting your God given rights to exist, and the taking of your liberty, then make it known. Any wrongdoer, trespasser. against you, took an oath. Bring a claim in a private affidavit stating facts to the board of supervisors, the mayor and the names of the trespasers in your county and the attorney general in your state. Go after there bond.. you want respect? That's one way.
@AbolishFamilyCourt
@AbolishFamilyCourt 2 года назад
Thank you
@triceejackson8038
@triceejackson8038 2 года назад
This was very helpful thanks are you for hire on a cilvil case???
@lashaefrancis1346
@lashaefrancis1346 5 месяцев назад
Can you sue for violating of Brady if a case is still on going?
@erinsamaritano
@erinsamaritano Год назад
Can you refer an excellent civil rights criminal defense attorney in NJ? So many corrupt attorneys here in NJ
@peppenewyork1
@peppenewyork1 2 года назад
cant find a lawyer in new york for a section 1983, i have video evidence of police fabricated an arrest while inside my house, they didnt know in my house there is audio and video recording 24/7 in any room. please someone help me to get justice, i lost my child due to those false allegations
@Earthangeltarot24
@Earthangeltarot24 Год назад
I'm suing the police in Nashville Tennessee I'm doing it without an attorney I have been searching but I have to put the lawsuit in before the statues of limitations are off. I have 6 months where do I start?
@jakethomas1311
@jakethomas1311 8 месяцев назад
What if the police or prosecutor isn't giving up the real footage of the body cam...will that fall under the brady.or the police officer perjury on the police report
@samyoung2887
@samyoung2887 Год назад
Does that fall under intentional tort when they are doing what they're not supposed to be doing
@mizellcommunity901
@mizellcommunity901 2 года назад
Access ♿ to courts
@patricialucious9353
@patricialucious9353 2 года назад
I have a BRADY.VIOLATION AS.WELL. CAN I GET SOME HELP ?
@samyoung2887
@samyoung2887 Год назад
Well the way I look at it it's not what the person did it's what they did to go after the person violating his civil rights 18 USC section 241 and 242 tells me that the 1983 Civil Rights Act with that we'll go after them for what they did color of law means they're doing things they're not supposed to be doing they should have not done it 14th Amendment due process rights along with the Fifth Amendment due process rates means the state of Michigan needs to be sued big time and I have a lot of stuff on them where they violated my 1983 Civil Rights Act and 18 USC section 241 but I'm a bad person they say I'm evil I'm a demon I'm a danger to society because I don't have a badge in gun that makes a legal for me to kill still and lie and remember people there's no statue of limitations on violations of the Constitution and it's time to go back to the original Constitution and maybe it's time for the people to get together and pass them accountability Amendment I've been working on one for a while now it will restore the people's power big time they've been doing this stuff for over 25 years it's called Port Huron Michigan St Clair County state of Michigan and the problem here in Michigan is there's no attorneys that are willing to take the case because of what you're saying but no evidence oh and the awful under the 1958 Crimes Act false documentation and they violated our fourth amendment when they stock doesn't broke into our house on Halloween but the lawyers took my money and ran and sold us out in court I've already talked to a Walmart firm that Sue's lawyers and they said I have a really good case and going after all of the attorneys that participated in this criminal conspiracy
@abrahamgomez653
@abrahamgomez653 2 месяца назад
Im not suing the police Im getting them to release me.
@KCColon
@KCColon 2 года назад
I surely wish you would fix that camera... Is so AAAAANNNNOOOOYYYYIIINNNGGGG...!!!
@samyoung2887
@samyoung2887 2 года назад
Brady versus Maryland 1963 ruling
@MikeFATBOYZMichaelidis
@MikeFATBOYZMichaelidis 4 месяца назад
My cases have 2 very good explanations of Strickland and multiple Brady violations among several others. It's not right that someone discovers their rights have been violated so many times in such severe ways by 3 judges, 2 cops, The main jail, 3 prosecutors and 2 defense attorneys... and cannot find representation because you're poor. disgraceful.
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