Legal Question in Civil Rights Law in California

I need a Constitutional or Civil Rights attorney

I have a case in the Northern District of CA that I filed in Pro Se. It is a Title 42, Section 1983 case. The CA Department of Correct.has a policy that states: All parolees that have been incarcerated for a domestic violence crime, will have no contact with victim.

The law specifically states that this is upon the victims request. They say they must impose this condition because they do not want liability if the parolee commits another crime against the victim. (Although the law states that they are to warn the victim that domestic violence classes don't always work.)My husband has never threatened me. I did not request this. The fear of going back to prison alone is a big detriment. My husband was violated on his probation because he was ''kicked'' out of his domestic violence class so he did not complete. However he completed the certified classes while awaiting sentencing. The parole agents say these classes don't count. We have a initial case management hearing coming up in April. My case is in. It wasn't thrown out and the judge stated that I effectively stated my claim (request for court appointed attorney denied) and this wasn't a very legally complex issue. (He didn't throw it out either.) Interested?


Asked on 3/04/04, 3:58 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: I need a Constitutional or Civil Rights attorney

This is an interesting, if politically incorrect, Section 1983 case. Politically incorrect since women who are alleged domestic violence victims are assumed to be stupid and incapable of making their own decisions. You are not out of the woods just because your case wasn't thrown out at the CMC. You need to do discovery, for example to attempt to prove the existence of a policy or custom, and to eventually beat back a summary judgment motion. I specialize in unpopular Section 1983 cases and I would be pleased to correspond with you by email.

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Answered on 3/08/04, 3:35 pm


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