Legal Question in Civil Rights Law in California
Suing city, county, and their employees under 42 USC 1983
First; I've been seeking legal help with my causes of action here, but I am told there is not a lot of money involved.... so no attorney will help (though some have been interested). Next; Here is my situation. I am a professional golf instructor who has been denied access to virtually all the public golf courses in the geographical area where I live. But I need such access to such properties to give my lessons to my students. I was told that I would be removed from the properties if ''caught'' giving lessons to my students. This was told to me by the private ''lessee'' of the properties, and the city and county governments in question back them up (i.e. say they won't interfere or come to my aid). I did complain to the city and county governments that my speech and assembly rights are being violated, and pointed out that the activity of giving golf lessons is not at all a natural monopoly for the ''lessee,'' and that the practice areas (e.g. driving range) upon the courses are ''designated public fora.'' I've done all the research I need to state my case, but I am not clear on whether or not I need to file a claim with the city and county governments to file a federal 1983 complaint (where I will claim monetary damages).
1 Answer from Attorneys
Re: Suing city, county, and their employees under 42 USC 1983
You do not need to file a claim to bring a 1983 lawsuit. You should try harder to find an attorney, since attorney fees are paid to successful plaintiffs under 42 USC 1988.
I would do three things. First, spend some time at a law library, do some legal research and see what laws apply and if there are any similar cases. Second, don't base your lawsuit on things that were "told," "said," or "pointed out." Either get it in writing that you may not teach at each of the public courses that you plan to sue, or else let them have you arrested or forcibly removed from the property. Third, obtain copies of the contracts between the lease operators and the cities and counties. Do this by requesting the documents under the California Public Records Act.
Stop doing things verbally. If you don't know how to write letters and mail them certified return receipt, find someone who does.
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