Legal Question in Civil Rights Law in Alaska
service of process
I am suing a police officer for civil rights violation. He is presently on military leave. My service of process on the police dept. was rrejected. Do I have to wait until he return. The statute of limitations may have run by then.
2 Answers from Attorneys
Re: service of process
If you have filed your lawsuit, you've satisfied the Statute of Limitations. You should check on service of someone serving in the military. That does not exempt him from legal process, although your local police department may not be the ones to serve him. Check this out.
Re: service of process
Almost all military personnel on active duty are protected from suit by the Soldiers's and Sailor's Relief Act. All court action is suspended during the period of active duty, as is the statute of limitations. You may require the services of a lawyer. The minefield of federal procedure in civil litigation is sufficiently complex that it is doubtful you can maintain a suit unless you are highly skilled and knowledgable in federal law and procedure.
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