I am going Pro Se against a City and Police Department

[PVirdell88]

Celebrate the tiniest of wins, because a small win is STILL a win. Congratulations counselor, I hereby present the beloved, world renowned "I BEAT THE CROOKED GUBMINT CHEATERS AT THEIR OWN DIRTY GAME, BEFORE ONE OF THEIR CORRUPT JURISTS; WITHOUT THE BENEFIT OF A LAW DEGREE!"

Yes sir! I know that much... Judge said "I dont know what you do , or like where you work, but its never too late to change your career path." as i was leaving the court room

 

[Tax Counsel]

Judge ordered city to give me back my car and to reserve me my right to sue them under title §1983.

Congratulations on getting your car back. Did the judge state the reason for his decision? If so, what was the reason? Did you receive back any storage and towing fees you had to pay the tow company?

I assume by your mention of § 1983 that you are referring to 42 U.S.C. § 1983, which is one of the primary federal civil rights statutes. A state court statement about your eligibility to file a § 1983 claim does not affect your right to sue under that statute, either positively or negatively. Federal statutes and federal court decisions are the law that govern how that section works and state courts have no authorty over federal court matters.

Which of your federal civil rights do you believe was violated and what were your monetary damages as a result of a violation of that right? You have to prove that the city violated your civil rights to win a judgment in your favor under § 1983 and that the losses you claim were cause by that civil rights violation and not somehting else. If you cannot prove any financial losses that were caused by that violation as opposed to something else (like violation of state law or negligence) all you'll win on the § 1983 claim is $1, and perhaps your attorney's fees.

Litigation under § 1983 is typically expensive and even if you are awarded reasonable attorney fees (assuming you had an attorney representing you) and certain court courts, you'll still spend a lot of time and money that isn't included in the court judgment. The only monetary award you get out of a § 1983 claim are your actual damages or $1, whichever is greater, plus reasonable court costs (the judge is the one who determine what is reasonable) certain costs of litigation. Often plaintiffs spend more money than the court awards in costs and court fees. Which means you still could have to pay your lawyer those expenses out of whatever award you get or even pay out of pocket if the award is low or is just $1 judgement. That's called a pyrrhic victory — you win the case on the merits but come out worse monetarily at the end.

Your expenses in pursuing the claim in state court against the city and the towing company are not compensatory damages that a federal court may award you in a § 1983 claim. If you were refunded all the tow expenses, storage expenses, etc in the state claim you are likely better off just taking the state court win and stopping there. You need to have a pretty good size § 1983 to make the time and expenses worth it, including legal fees. Lawyers typically won't take a civil rights case unless the potential damages are in the thens of thousands of dollars. They take these cases on a contingent fee basis, which means the lawyer's fees are a share of what you win (a fee of ⅓ of the judgment is very common in most states). That may or may not cover other fees or costs. Thus, the lawyer will reject most cases that doen't have the potential to get him/her enough of a fee to make all the time they put into it worthwhile.

Costs and expenses of litigation (everything but the attorney's fees) may or may not be included in the contingent fee. In some states the costs and expenses of the litigation are not allowed to be covered by the contingent fee. That was the rule in my state until about a decade or so ago. Nearly every pro se § 1983 case I've seen in my decades as a lawyer failed; many of those in summary judgment.

These are not simple claims to successfully litigate. You'd be wise to consult an attorney who litigates federal civil rights claims in your state to see if you have a worthwhile case to pursue before filing any complaint in federal court. The court fee just for filing the complaint will cost you $405. The good news is that most attorneys who litigate these cases will give you a free initial consultation which should give you a good insight into whether a lawsuit is worthwhile.