Legal Question in Disability Law in California
"In order to state a cause of action for government tort lilability every fact essential to the existence of statutory liability must be pleaded with particularity, including the existence of a statutory duty." This is what I have been told. I know for certain that I have been harmed by discrimination on account of my disability and age but do not know the statutes nor where to find them. I have Chronic Fatigue Syndrome and Fibromyalgia and know that my civil rights have been violated. It all started with a parking ticket given to me in a city park at 9:15 a.m. on July 3, 20009. And I am told that I have to identify a statute under which I am seeking relief. I believe it is th 14th Amendment to the Constitution or mayb it is th 4th or the 5th amendment. But I do know that it is federal law. And federal law takes precedence over local laws when it comes to my civil rights as a disabled person. There is also some sort of "equal protection" clause which would give the "statutory duty" needed, I believe if I remember correctly. Would you please help me with the statutes that I need under federal law so that I can proceed with my law suit? I just don't know where to find them. And I don't believe that I have access to them. Would it be possible for you to email these statutes to me?
Thank You
Patricia Rose Wright
My email is: [email protected]
My Cell number: (818) 321-8150
2 Answers from Attorneys
Realistically, you ned a lawyer and if you are suing teh government, you have to serve a notice of claim before that strictly complies with teh law. It is too difficult for ost lay people to do. It is a tricky area of law. You will need proof other than your own word aboutthediscrimination, written evidence and witnesses willing toi testify for you. Good luck!
Perhaps you have a cause of action under the Americans with Disabilities Act. Contact me directly.
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