Legal Question in Civil Rights Law in California

Who do you sue

If your client has just served a 4-year term in a State Prison because of a probation violation and that violation was appealed and reversed by the district court Who is liable for the client consideration if it is a clear-cut case of a due process infringement


Asked on 10/21/02, 6:07 pm

1 Answer from Attorneys
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: Who do you sue

If anyone is liable, it is the State of California. Caveat: You have claims statutes to comply with. You must get beyond the "good faith defense", i.e. the state officials who mistakenly caused your client to be violated were acting in good faith, and neither they or the state can be held liable.

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Answered on 10/25/02, 9:47 am


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