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Legal question.

By DHCDBD ·
About a year ago a homeless woman attempted to "Dognap" one of my tenants dogs. This tenant informed me of what was happening and I went and recovered the animal for her. The homeless women and her buds were upset and called animal control and reported me for animal abuse (there was a physical atercation and they lost). Subsequently I was issued a ticket for animal at large even though the owner was standing with me and produced the city licenses, adoption papers, etc. proving the animal was solely hers, that I asserted no control or responsibility for the animal, and was only instrumental in forcefully taking back a stolen animal from a group of homeless.

I went to the city hearing and, of course, was found guilty based on Animal Controls assertion that I had to have some control of the animal, even though again the owner was there with me with all the government paperwork showing that she was the owner of the animal, etc. I informed the hearing officer that I was going to appeal the decision and she needed to begin the paperwork to move the case to the District court, I also informed her that I was moving outside of city jurisdiction to a new city. The clerk told me that since I was leaving the city, the case was dismissed.

Today, I hear a knock at the door. It was a Marshall serving a subpoena for that event asserting non-payment of the fine. Along with the paperwork he delivered a document proving prima facia that the decision to find me guilty and fine me was made nine days before the hearing itself. In particular, what was delivered was a finding of guilt and entry of judgment to pay a fine of $25 dated 10/15/2008. I dug out the paperwork which shows that the hearing was not held until 10/24/2008 - nine days later.

This is certainly a violation of the 14th amendment and whatever state and federal laws an attorney can dig up when I find a decent one in my area Tuesday or Wednesday and who is not afraid to tackle the city/state. The problem seems to be that a municipality has immunity from punitive damages for deliberate malicious actions.

I am not looking for legal advice; an attorney will provide that. I am looking for opinions regarding area's that I may hold Salt Lake City, Utah liable for a deliberate deprivation of civil rights.

Does anyone have any suggestions or theories that might suggest how to get comeuppance for corrupt city officials?

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Sounds like a case

by santeewelding In reply to Legal question.

For Judge Judy.

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I wish.

by DHCDBD In reply to Sounds like a case

I was shocked that a government agency would release documents showing blatant misconduct. Incontestable documents.

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Be assured

by santeewelding In reply to I wish.

Your shock will subside in direct proportion to that of the upfront demanded by counsel.

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Attorney sticker shock.

by DHCDBD In reply to Be assured
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Good luck trying to go after corrupt city officials

by AV . In reply to Legal question.

You're gonna need a pile of money to pursue them. I don't see how they can charge you with anything if it isn't your dog.

Attorney fees will cost lots more than the $25 they want to fine you. I've worked with law firms for many years and there is a site where you can submit a question and get an answer from an attorney for free. The attorneys are reputable too. Check it out http://www.lawguru.com and see what they have to say about your case.

Good luck with it.

AV

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They did...

by DHCDBD In reply to Good luck trying to go af ...

charge me for unleashed animal when the animal was not mine. Adding insult, they convicted me in absentia without giving me a chance to defend myself and fined me. Then they failed to notify of this action and told me the matter had been dismissed. Then sued me charging many times more than the original fine because I did not pay the fine, which I did not know about because they told me the matter had been dismissed.

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Small town politics

by AV . In reply to They did...

I don't know if you live in a smaller town, but it sounds like you do. I've had my own issues with my local government and to me, it all boils down to who you know. If you don't know anyone connected with that local government, you're an outsider and you will lose. Even if you're right. Been there.

AV

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I live, or lived...

by DHCDBD In reply to Small town politics

in one of the IRS's megalopolises. Just got a PETAfied clerk probably.

Contacted over 30 attorneys. They were to sissified to go after government. The two effective civil rights attorneys in the area have been bought off by receiving large consulting fee's from the city and state.

Did my research, found six foursquare on point cases decided by the Federal and State Supreme Courts and typed out a motion for Summary Judgment. Something, I'm sure, that the clerks don't run into at this level often. The cases date from 1898 to 2003. They probably do not know that regardless of whether no motions will be heard before trial in a Justice (Kangaroo) Court, they still only have ten days to file a written response and that the failure to file a written response is considered an admission to the facts and points raised.

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Sometimes its just not worth it

by AV . In reply to I live, or lived...

If attorneys won't go for it, forget it. Some will go for carrion if they think theres something to gain.

AV

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To the local clerk

by santeewelding In reply to I live, or lived...

Or to that level of jurisdiction competent to entertain your Quixoticism?

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