1983 action in state or federal court

[admin]

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ALERT - A new federal opinion permits a party to file 1983 action without exhausting administrative remedies. See 1983 thread. (consult with your attorney) Jerry Jamgotchain; Theta Holding I, Inc., (Jamgotchian v. Ferraro)
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If you or your counsel are knowledgeable you can bypass opposing your administrative citation in total. You can file a 1983 action because filing a 1983 action does not mandate exhaustion of administrative remedies.

Knick v. Tp. of Scott, Pennsylvania, 139 S. Ct. 2162 - Supreme Court 2019 (for you to review)

(it seems the Knick decision is rule of law when it comes to filing your 1983 action - and that is what the jamgotchian case is all about below)

Be certain to file your Tort Claims Form with the City. When they deny your claim, you can sue and collect.

However, if you do oppose the citation you may be screwed. At that point you may have to follow through all the way through trial and appeal. So, if you have been given a citation for a sign for example. It may violate your first amendment rights.

https://www.courtlistener.com/audio/87864/jerry-jamgotchian-v-gregory-ferraro/

This case has not concluded yet. It will offer good information.

Also check this case and the cases it cites.

Briggs v. City of Rolling Hills Estates, 40 Cal. App. 4th 637, 47 Cal. Rptr. 2d 29 (Ct. App. 1995).

While this may be a big deal for us, it is an annoyance for most courts.




More on all this later.