Suing the Government–the difference between a 42 USC 1983 claim and bring a tort action

One of the interesting things about the government acting without jurisdiction–as in the Wyman case, the Gore case, the Tyler case, etc.  The next question is what do you sue them for.

Clearly the action is not over and the statute of limitations has not run unless and until the “close family” members file and win a Motion to Dismiss for Lack of Jurisdiction or the ward dies, and we know that oftentimes, because the courts are so very slow in conducting hearings, issuing orders (the Wyman case), assembling together court records and transcripts for the record on appeal–where the record is 80% missing, as in the Mary Sykes case–death is the only way out, still the entire process appears to be slow and cumbersome.

But what happens when you finally get to the point of suing in Federal Court?

Here is an interesting table I found on the differences between bringing a 42 USC 1983 proceeding and a cause of action based in tort.

Table comparing 42 USC 1983 to cause of action based in tort

I think many of you will find it very interesting.

JoAnne

http://biotech.law.lsu.edu/cases/immunity/FTC_v_1983.htm

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