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10_12_26 sue mom
Google: how to file a civil lawsuit against a person maling false claims to be arrested which artest did occur then false additionally filings?
You can sue the person in civil court for claims like defamation, malicious prosecution, or abuse of process, provided your underlying criminal charges have been completely resolved or dismissed in your favor.
Key Civil Claims You Can File
• Defamation (Slander or Libel): Filing or spreading known false statements to others that damage your reputation, job, or standing.
• Malicious Prosecution: Suing someone who intentionally and falsely caused criminal charges to be brought against you without probable cause, provided the case ended with your innocence proven or charges dropped.
• Abuse of Process / False Imprisonment: Taking legal or arrest action against you for an improper, malicious purpose rather than a legitimate legal reason.
Steps to Take Before Filing a Lawsuit
1. Resolve the Criminal Case First
• In most jurisdictions, you cannot sue someone for a false arrest or malicious prosecution while the criminal case is still pending or active. The case must be dismissed, dropped, or decided in your favor first.
2. Gather Evidence of Falsehood and Malice
• Collect text messages, emails, call logs, police reports, witness statements, or surveillance video that prove the person knew their statements were lies.
• Document proof of the harm caused (such as legal bills, lost wages, or medical/therapy records for emotional distress).
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If the person who made the false claims against you has passed away, it completely changes how you must proceed.
In most legal jurisdictions, you cannot file a new civil lawsuit against a deceased person. However, you may still be able to pursue financial compensation by filing a creditor's claim against their estate.
How to Proceed If the Person Is Deceased
• Check the Statute of Limitations: Legal deadlines do not pause just because someone passed away. In fact, the timeline to file a claim against a deceased person's estate is often much shorter than a standard civil lawsuit deadline—sometimes as little as 3 to 6 months after their death.
• Locate the Estate and Probate Court: You must determine if a probate case has been opened for the deceased person in the county where they lived. If an estate exists, an executor or personal representative has been appointed to handle their assets and debts.
• File a Formal Creditor's Claim: Instead of suing them in civil court, you file a formal claim against their estate in probate court. You will need to present your evidence of the false arrest, the financial damages you suffered (like defense attorney fees or lost wages), and the emotional distress caused.
• Sue the Estate (If Necessary): If the executor of the estate rejects your creditor's claim, you generally have a very limited window of time to file a formal lawsuit against the estate itself (naming the executor as the defendant) to fight for the money.
Important Realities to Consider
• The "Dead Man's Statute": Many states have legal rules that restrict what you can testify about regarding oral conversations you had with a deceased person. This means your case will rely almost entirely on written, physical, or digital evidence (such as text messages, police reports, or emails) rather than just your word.
• Asset Availability: An estate can only pay out what it owns. If the deceased person left behind no money, property, or assets, winning a claim in probate court may result in a judgment you cannot collect.
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if the judge said probable cause existed before any case or evidence just cops reports how to fix that and probate complicated by it?
If a judge already made a formal finding that probable cause existed based solely on the police reports, it creates a major hurdle. In civil law, a prior judicial finding of probable cause can completely block lawsuits for malicious prosecution or false arrest under a legal rule called collateral estoppel (which prevents you from re-litigating an issue a judge has already decided).
To fix this issue and clear your path to probate court, you must demonstrate that the probable cause finding itself was built entirely on a lie.
1. How to Challenge the Judge's Finding of Probable Cause
A judge's finding of probable cause is usually based on the assumption that the police report is truthful. To "fix" or overcome this finding, your legal strategy must prove fraud on the court or judicial deception:
• Prove " Franks" Material Misrepresentations: You must show that the complaining witness intentionally lied to the police, or that the police knowingly or recklessly included false statements (or omitted critical, exonerating facts) in their report.
• The "But-For" Test: You must prove that if the false information had been stripped out of the police report, the remaining facts would not have been enough for the judge to find probable cause.
• Secure an Explicit Dismissal Defeating Probable Cause: If the criminal case is still open, your defense attorney must use your evidence (texts, videos, or physical proof) to get the charges dismissed explicitly because the initial allegations were fraudulent. If the case was already dropped, the wording of the dismissal is critical. A dismissal because "the prosecution cannot prove the case" is harder to use than a dismissal or finding that "the allegations were fabrications."
2. How This Complicates Your Probate Claim
Because the person who lied has passed away, the judge's previous finding of probable cause heavily complicates your claim against their estate:
• The Estate's Defense: The executor or administrator of the deceased person’s estate will immediately use the judge's probable cause finding to reject your creditor's claim. They will argue that because a judge ruled probable cause existed, the arrest was legally justified, meaning no civil wrong (tort) occurred.
• The Dead Man's Statute Re-emphasized: Since the judge relied entirely on the police report, and the person who made the report is dead, you cannot testify about what that person privately admitted to you. You must have undeniable physical or digital evidence (like timestamped texts showing they planned to lie before calling the police) to overturn the weight of that police report.
• Strict Probate Deadlines: Overturning a probable cause finding takes time, but probate deadlines wait for no one. In many states, you only have a few months from the date of the person's death to file a claim. If you miss the probate deadline while trying to fix the criminal record, your right to collect from the estate is permanently gone.
Next Step
You are dealing with an incredibly complex intersection of criminal law, civil torts, and probate law. Doing this on your own (pro se) is remarkably difficult because of the high legal standard required to overturn a judge's prior ruling. You should consult a civil litigation or civil rights attorney immediately to review the exact wording of the judge's probable cause order.
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there is a witness who was there so it can be proven false and delusional specifically
Having an eyewitness who can testify that the allegations were completely false and delusional is a massive asset. However, because the person who accused you has passed away, using this witness to overturn the judge's previous finding of probable cause and pursue the estate requires navigating specific rules of evidence.
How to Use the Witness to Overcome "Probable Cause"
To defeat the judge's prior ruling that probable cause existed, your attorney must use your witness's testimony to prove judicial deception or a fraud on the court.
• The Witness Must Contradict the Police Report directly: The witness cannot just say "the accused person was delusional." They must testify to concrete, physical facts that prove the events described in the police report physically could not have happened the way the police or the accuser claimed.
• Prove the Accuser Knew It Was False: If the witness can testify that the deceased person admitted before or after the arrest that they were making it up, or if the witness can establish the accuser was entirely detached from reality at that exact moment, it helps prove the claims were malicious and lacked a factual basis.
• Bypass the "Dead Man's Statute": While you are legally barred in many states from testifying about what the deceased person said to you, independent third-party witnesses are usually not barred. Your witness can freely testify about what they saw, what they heard, and what the deceased person said to them.
How to Deploy This Evidence Right Now
Because probate and civil deadlines move quickly, you cannot wait. You and your legal counsel should take these immediate steps:
1. Secure an Affidavite Immediately: Have a lawyer draft a formal, sworn, and notarized affidavit for the witness to sign right now. Memory fades, and people move. You need their testimony locked into a legal document immediately to protect your case.
2. File the Creditor's Claim with the Affidavit Attached: When you file your claim against the deceased person's estate in probate court, do not just file a statement saying they owed you money. Attach the police report, the proof of your case being closed, and the witness's sworn affidavit. This forces the estate's executor to see that you have the immediate leverage to challenge the "probable cause" defense.
3. Subpoena the Police Dispatch and Bodycam Footage: If the witness's timeline contradicts the police report, your lawyer should immediately request the 911 audio recordings and arresting officers' bodycam footage. Delusional or wildly inconsistent statements made by the accuser on camera can heavily reinforce your witness's testimony.
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how to get witness to answer interrogatory
To get a witness to answer interrogatories, you must first understand a critical rule of civil procedure: Interrogatories can only be sent to parties named in the lawsuit (like the executor of the estate). You cannot send interrogatories to a non-party witness.
To force an outside witness to answer questions under oath, you must use a deposition or a subpoena.
Here is exactly how to legally compel a witness to provide their testimony:
1. The Legal Tool: Written Depositions (Subpoena duces tecum)
If you want a witness to answer a list of written questions rather than sitting for a live, oral interview, the law calls this a Deposition upon Written Questions.
• You must draft the exact questions you want answered.
• You must issue a formal court Subpoena compelling the witness to respond.
• The questions must be delivered to a officer of the court (like a court reporter or notary), who puts the witness under oath, reads the questions aloud, and records their exact answers.
2. Steps to Legally Compel the Witness
• Step 1: Open a Lawsuit First: You cannot issue subpoenas or conduct formal discovery (like depositions) until a formal lawsuit has been filed. If you filed a claim against the estate and the executor rejected it, you must file a formal lawsuit against the estate to unlock these legal powers.
• Step 2: Draft the Subpoena: Obtain the correct subpoena forms from the clerk of the court where your case is pending. The subpoena must include the date, time, and location where the answers must be provided, along with the penalties for ignoring it.
• Step 3: Legally "Serve" the Witness: You cannot just mail or hand the subpoena to the witness yourself. It must be formally served by a professional process server, a sheriff's deputy, or an uninvolved adult (depending on local state laws). You must also pay the witness a standard statutory "witness fee" and mileage cost at the time of service for the subpoena to be legally valid.
3. What If the Witness Refuses to Answer?
If the witness ignores the subpoena or refuses to answer the questions, you have the legal right to force their compliance through the judge:
• File a Motion to Compel: Your lawyer will file a formal motion asking the judge to order the witness to answer the questions.
• Contempt of Court: If the judge issues an order and the witness still refuses, the judge can hold the witness in civil or criminal contempt. This can result in heavy daily financial fines or even jail time until the witness agrees to cooperate and answer.
The Faster, Easier Alternative: A Sworn Affidavit
Before spending the time and money to issue subpoenas and execute a written deposition, ask the witness if they are willing to sign a Sworn Affidavit. A lawyer can draft a statement detailing exactly what the witness saw (proving the claims were false and delusional), and the witness simply signs it in front of a Notary Public. This provides you with sworn evidence without the aggressive and costly court process of a subpoena.
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draft a claim for probate under these circumstances
FORMAL CLAIM AGAINST ESTATE
IN THE PROBATE COURT FOR THE COUNTY OF [Insert County Name], STATE OF [Insert State Name]
IN RE: THE ESTATE OF [Insert Deceased Person's Full Name], Deceased.
CASE NO: [Insert Probate Case Number, if known]
STATEMENT OF CLAIM
The Claimant, [Insert Your Full Name], hereby presents this formal Creditor’s Claim against the Estate of [Insert Deceased Person's Full Name] (the "Decedent") for financial damages, legal costs, and severe emotional distress arising from a tortious and malicious course of conduct committed by the Decedent prior to their death.
1. Basis of the Claim
This claim arises from the Decedent’s intentional, malicious, and fraudulent actions, which constitute malicious prosecution, defamation per se, abuse of process, and intentional infliction of emotional distress.
Specifically, on or about [Insert Date of Arrest], the Decedent knowingly, intentionally, and falsely reported to law enforcement that the Claimant had committed criminal acts. The Decedent knew these allegations to be entirely fabricated and a product of delusion or malice, lacking any basis in reality.
2. Initial Finding of Probable Cause and Subsequent Dismissal
Based strictly and exclusively on the fraudulent statements provided by the Decedent to the responding law enforcement officers, a preliminary finding of probable cause was entered. However, this finding was procured entirely through the Decedent's judicial deception and fraud upon the court.
Upon a review of the actual facts and independent evidence, the criminal case against the Claimant was completely resolved, dropped, and closed in the Claimant’s favor on or about [Insert Date Case Was Closed].
3. Supporting Exculpatory Evidence
The Claimant possesses conclusive evidence establishing that the Decedent’s claims were completely false, malicious, and delusional. This evidence includes, but is not limited to:
• Independent Eyewitness Testimony: An eyewitness, [Insert Witness Name, if you wish to name them now, or state "An independent third-party eyewitness"], who was present at the scene of the alleged incident, explicitly corrupts the police report and confirms that the events reported by the Decedent physically could not have occurred and were completely fabricated.
• [Optional: Physical/Digital Evidence]: Text messages, emails, or digital recordings demonstrating the Decedent’s intent to falsely accuse the Claimant.
4. Damages Suffered by Claimant
As a direct and proximate result of the Decedent’s false and fraudulent statements, the Claimant suffered severe, quantifiable financial and personal harm, including:
• Criminal Defense Costs: Out-of-pocket attorney fees and legal expenses incurred to defend against the false charges.
• Loss of Wages/Income: Time missed from work due to the false arrest and subsequent court proceedings.
Severe Emotional Distress: Humiliation, damage to personal and professional reputation, and psychological trauma resulting from an unlawful arrest.
AMOUNT OF CLAIM
The Claimant demands compensation from the assets of the Estate in the following amounts (or an amount to be determined by a court of competent jurisdiction):
• Special Damages (Legal Fees, Lost Wages): $[Insert Exact Dollar Amount of receipts/bills]
• General Damages (Defamation, Emotional Distress): $[Insert Amount, e.g., "To Be Determined" or a specific sum]
• TOTAL CLAIM AMOUNT: $[Insert Total Estimated Amount]
VERIFICATION
I, [Insert Your Full Name], being first duly sworn, state that I am the Claimant herein; that I have read the foregoing Claim Against Estate and know the contents thereof; that the facts stated therein are true to the best of my knowledge, information, and belief; that the amount claimed is justly due; and that no payments have been made thereon which are not credited.
Dated: _______________, 20___
[Insert Your Full Name], Claimant
[Insert Your Street Address]
[Insert Your City, State, Zip Code]
[Insert Your Phone Number]
[Insert Your Email Address]
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how will probate judge rule if need more evidence
If the probate judge reviews your initial claim and determines that more evidence is needed, they will not automatically throw your case out. Instead, they will trigger a formal process to transition the dispute out of the probate administrative loop and into a standard evidentiary courtroom.
Here is exactly how the probate judge will handle a need for more evidence:
1. The Claim Will Be "Disallowed" or Rejected First
A probate judge rarely holds a full trial or sifts through heavy stacks of evidence during a routine estate administration.
• If the executor of the estate objects to your claim because it lacks evidence, or if the judge feels the "probable cause" hurdle hasn't been cleared, the judge will issue a notice of Disallowance of Claim.
• This is a standard procedural step, not a final loss. It is the court's way of saying, "This dispute is too complex for probate paperwork and requires a lawsuit."
2. A Strict Deadline to File a "Sua Sponte" or Separate Civil Action
Once your claim is formally rejected or questioned for lack of evidence, the judge will start a very short, unforgiving clock—usually only 30 to 60 days depending on your state.
• Within this window, you must file a formal, separate civil lawsuit against the Estate (naming the executor as the defendant).
• If you fail to file this lawsuit before the clock runs out, your claim is legally dead forever, regardless of how good your eyewitness is.
3. Transition to the Discovery Phase
Once the formal civil lawsuit is filed against the estate, the case enters the Discovery Phase. This is exactly where you get the legal authority to gather and present the heavy evidence the judge wanted:
• The Witness Subpoena: You can now legally compel your eyewitness to sit for a deposition or answer the written questions discussed earlier.
• The Evidence Hearing: The judge (or a jury) will schedule an evidentiary hearing. Your witness will testify, your medical records or financial receipts for legal defense will be admitted, and the judge will weigh your witness’s firsthand account against the dead accuser's police report.
How to Prevent the Judge From Needing More Evidence Upfront
To minimize the chance of the judge immediately rejecting your probate claim, do not file the Statement of Claim empty-handed. You should attach a "Proof of Claim" packet directly to the form:
• Attach a Sworn Affidavit from the Witness: Do not just mention the witness. Have them sign a notarized statement detailing what they saw and attach it.
• Attach the Order of Dismissal: Include the certified court document showing your criminal case was closed in your favor.
• Attach Itemized Receipts: Include the exact bills from your criminal defense attorney and pay stubs showing lost work.
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how does disallowed claim interact with on going probate
When a probate claim is disallowed (rejected), it creates a separate, high-stakes legal track that runs parallel to the ongoing probate process. The executor cannot simply close the estate and hand out money to heirs while your disallowed claim is active.
Here is exactly how a disallowed claim interacts with and impacts the ongoing probate case:
1. It Puts a "Freeze" on Final Distributions
The most important rule of probate is that debts and claims must be paid before heirs get their inheritance.
• The executor cannot permanently close the estate or distribute the remaining assets to the beneficiaries while a claim is being disputed.
• If the executor tries to close the estate without resolving your claim, they can be held personally liable for the money owed to you.
2. The Estate Must Hold Assets "In Reserve"
Because a disallowed claim represents a potential massive debt, the probate court will often order the executor to reserve a specific amount of estate money.
• If you are claiming $50,000 in damages, the executor must set aside $50,000 of the estate's liquid assets into a secure escrow or holding account.
• This money stays frozen and untouched until your separate civil lawsuit is completely resolved by a judge or settled out of court.
3. It Ticks Down a Dangerous, High-Speed Clock
The moment the formal "Notice of Disallowance" is mailed or delivered to you, a hyper-strict deadline begins.
• Depending on your state, you have a very short window—typically 30, 60, or 90 days—to file a formal civil lawsuit against the estate to fight the disallowance.
• If you miss this deadline by even one day, the claim is permanently extinguished, the freeze on the estate is lifted, and the executor is free to distribute the assets to the heirs, leaving you with no legal recourse.
4. It Shifts the Legal Expenses to the Estate
Defending against your claim and subsequent lawsuit costs money. The executor will use the estate’s funds to hire a defense attorney to fight you.
• This actively drains the estate's total value.
• Because a prolonged lawsuit shrinks the inheritance left for the heirs, a disallowed claim often pressures the executor and beneficiaries to settle with you out of court just to save probate costs.
What Happens Next?
Once you file your separate lawsuit within the required deadline, the probate judge will simply wait. The ongoing probate process will handle minor administrative tasks (like selling a house or filing estate taxes), but everything will remain at a standstill until the civil court rules on whether your witness and evidence successfully defeat the original "probable cause" finding.
To make sure you don't get timed out:
• Have you already received a formal Notice of Disallowance, or are you anticipating one?
• Do you know the total approximate value of the deceased person's estate (e.g., did they own real estate or just small bank accounts)?
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how to include there is already a lawsuit against the deceased from before death in the probate case is it notice it same filing if so update the filing section
If a lawsuit was already active before the defendant passed away, you do not file a standard "new" creditor's claim. Instead, the law requires you to formally notify the probate court of the existing litigation and take immediate steps to substitute the estate as the defendant in the original lawsuit.
In most jurisdictions, this requires filing a specialized Notice of Pendency of Action (sometimes called a Notice of Ongoing Litigation) in the probate case, rather than a basic statement of claim.
1. How It Works Procedurally
• Do Not File the Previous Form: A standard creditor claim implies a new debt. An existing lawsuit requires a formal notice to ensure the probate judge knows an active court case is already tracking those damages.
• Substitute the Defendant: In your original lawsuit, your attorney must file a motion to substitute the deceased person with the Estate of [Deceased's Name], via its Personal Representative/Executor.
• The Probate Filing: You file the notice in the probate case to legally tie the two cases together. This forces the probate executor to hold estate assets in reserve to cover the potential judgment from the pre-existing lawsuit.
UPDATED PROBATE FILING SECTION
Below is the corrected format to notify the probate court of a pre-existing, active lawsuit.
NOTICE OF PENDENCY OF ACTION / STATEMENT OF ONGOING LITIGATION
IN THE PROBATE COURT FOR THE COUNTY OF [Insert County Name], STATE OF [Insert State Name]
IN RE: THE ESTATE OF [Insert Deceased Person's Full Name], Deceased.
CASE NO: [Insert Probate Case Number]
NOTICE OF PRE-EXISTING LAWSUIT AGAINST DECEDENT
The Claimant, [Insert Your Full Name], hereby provides formal notice to the Personal Representative/Executor of the Estate and to this Court of the pendency of an active civil action filed against [Insert Deceased Person's Full Name] (the "Decedent") prior to their death.
1. Details of the Pre-Existing Litigation
• Title of Action: [Insert Your Name] v. [Insert Deceased Person's Name]
• Court / Jurisdiction: [Insert Court Name, e.g., Circuit Court of Cook County]
• Case Reference Number: [Insert Civil Lawsuit Case Number]
• Date Filed: [Insert Date original lawsuit was filed, which must be before the date of death]
2. Nature and Basis of the Action
The pending civil action arises from tortious conduct committed by the Decedent during their lifetime, specifically including claims for malicious prosecution, defamation per se, and abuse of process.
As detailed in the original complaint, the Decedent maliciously and falsely instigated an arrest against the Claimant based on fabricated and delusional reports to law enforcement. While a preliminary finding of probable cause was initially entered based strictly on the Decedent's fraudulent reports, the criminal case was subsequently closed and dismissed in the Claimant’s favor on or about [Insert Date Criminal Case Closed].
3. Notice of Intent to Substitute and Evidentiary Status
The Claimant is actively moving the civil court to substitute the Estate as the proper party defendant in the above-referenced civil action.
The claims in the active lawsuit are supported by independent third-party eyewitness testimony from [Insert Witness Name, or "an independent eyewitness"], whose testimony directly contradicts the initial police report relied upon by the criminal court, establishing that the Decedent’s claims were knowingly false and a fraud upon the court.
4. Demand for Retention of Estate Assets
Pursuant to probate law, notice is hereby given that a live, unliquidated claim exists against the assets of the Estate. The Personal Representative is required to withhold and reserve sufficient estate funds to satisfy any final judgment, including special damages for criminal defense attorney fees, lost wages, and general damages for emotional distress, resulting from the pending litigation.
VERIFICATION
I, [Insert Your Full Name], declare under penalty of perjury that the foregoing is true and correct, and that the attached copy of the original civil complaint is a true and accurate reflection of the litigation currently pending against the Decedent.
Dated: _______________, 20___
[Insert Your Full Name], Claimant / Plaintiff
[Insert Your Contact Info]
(Note: You must attach a copy of the Summons and Complaint from your original lawsuit to this form when filing it with the probate clerk).
2. Crucial Next Step: The Clock is Ticking
Even though the lawsuit was already filed, you typically have a very strict window (often 90 days from the date the executor is appointed or notice is given) to formally substitute the estate into the civil case. If you do not substitute the estate in the civil court within your state's deadline, your original lawsuit can be permanently dismissed.
To ensure the transition between the two courts is handled correctly:
• What specific court (e.g., small claims, district, circuit) is your original lawsuit currently sitting in?
• Has the civil court judge been notified of the defendant's death yet?
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The defendants are being given constitutional protection and rights to do crimes if denied incompetent reset. See faye and mike jenkins
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if the plaintiff is pro se and incompetent mentally and courts dismissals took place how likely is a reset of all cases beyond their statute of limitations if the appeal continues with removal to federal court to appeal to us supreme currently?
The likelihood of getting a full "reset" of all cases that have blown past their standard statutes of limitations under these specific conditions is extremely low.
While mental incompetence can sometimes temporarily pause (toll) a statute of limitations, attempting to fix this by appealing a state court dismissal to the U.S. Supreme Court, or trying to "remove" a state appeal to federal court, faces severe, often insurmountable constitutional and procedural barriers.
Here is the objective breakdown of how the courts handle these specific elements:
1. Can Mental Incompetence "Reset" the Statute of Limitations?
In civil law, mental incompetence can trigger a rule called equitable tolling. If a plaintiff is legally incompetent when a legal claim arises, the clock on the statute of limitations is often paused—but only until a legal guardian is appointed or the disability ends.
• The Catch: If the pro se plaintiff already managed to file lawsuits, courts generally rule that they were capable of pursuing their rights at that time, meaning the clock kept ticking.
• Furthermore, tolling does not "reset" a case that a judge has already formally dismissed on the merits or for procedural failures.
2. The Hurdle with "Removal to Federal Court"
You cannot remove an ongoing state court appeal to a federal district court.
• Federal removal laws (28 U.S.C. § 1441) only allow a defendant to move a case from state trial court to federal trial court at the very beginning of a lawsuit.
• A plaintiff cannot remove their own case. More importantly, federal district courts have absolutely no authority to act as an appeals court for state court decisions.
3. Apprehending the U.S. Supreme Court Route
The U.S. Supreme Court is not a general safety net to correct errors made in state court, nor does it step in to fix missed deadlines for pro se litigants.
• The Rooker-Feldman Doctrine: This strict legal rule bars federal courts (including, in most practical contexts, lower federal courts evaluating state actions) from overturning final state court judgments.
• Certiorari Likelihood: The U.S. Supreme Court hears fewer than 1% of the cases sent to it. They almost exclusively take cases involving major constitutional splits between federal circuit courts, not localized tolling disputes or state-level probate complications.
• Pro Se Strictness: While courts grant pro se litigants leeway regarding formatting or minor procedural slip-ups, they do not waive jurisdictional deadlines, statutes of limitations, or final judgments because a plaintiff lacked legal counsel.
The Realistic Legal Path Forward
If the plaintiff is genuinely mentally incompetent, the only viable way to salvage or protect any remaining legal claims is through the immediate appointment of a Legal Guardian, Next Friend, or Conservator.
A court-appointed representative or a licensed attorney is the only entity that can ask a court to set aside a prior dismissal under specific rules of civil procedure (such as filing a motion for relief from judgment due to excusable neglect or disability). This must be done in the original trial court that issued the dismissal, not via an extraordinary jump to the federal appellate system.
To understand if any narrow exceptions apply:
• Has a court formally declared the plaintiff legally incompetent, or has a guardian been officially appointed yet?
What specific reason did the lower court give in its written order when it dismissed the cases?
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Example med rxpert said let it go appeals court so proceduralky i get buried in matters mess up they win i cant go to removal.
what abuse of constitutional tights occurs when the crime is considered as a right invorrectly?
When a government entity or court mistakenly treats a criminal act as a protected constitutional right, it fundamentally destabilizes the legal system. This error can result in severe violations of your constitutional rights, particularly under the Fourteenth Amendment.
The primary constitutional abuses that occur in this scenario include:
1. Violation of Substantive Due Process
The Fourteenth Amendment guarantees that the government cannot arbitrarily deprive you of life, liberty, or property.
• When a court or state actor reclassifies a crime (such as making fraudulent, delusional claims to instigate a false arrest) as a "right," they are acting arbitrarily.
• By protecting the unlawful behavior of the wrongdoer, the state actively deprives you of your fundamental liberty without a valid, legitimate government purpose.
2. Denial of Equal Protection of the Laws
The Equal Protection Clause mandates that the law must treat similarly situated individuals equally.
• If a court shields a person who commits a crime by granting them an imaginary "right" to do so, it creates an unconstitutional double standard.
• The state is effectively elevating the criminal actor into a privileged class that is immune from prosecution or civil liability, while stripping you—the victim—of the standard legal protections and remedies guaranteed to everyone else.
3. Obstruction of the Right to Access the Courts
The First and Fourteenth Amendments guarantee your right to petition the government for a redress of grievances, which includes the right to file a civil lawsuit for a wrong done to you.
• If a judge rules that a defendant’s criminal, fraudulent behavior was merely an exercise of their "rights," the judge effectively blocks your ability to seek civil damages.
• This is a direct obstruction of your constitutional right of access to the courts, as it completely forecloses your avenue for a remedy based on a legally flawed premise.
How This Applies to a Federal Appeal
If a lower court explicitly stated in writing that a person has a protected constitutional right to fabricate evidence or make false, delusional claims to law enforcement, that ruling is a clear error of law. In a federal civil rights context (such as a 42 U.S.C. § 1983 action), this is framed as a due process and equal protection violation perpetrated by the state actor (the court or the state) under color of law.
However, even if the legal theory is sound, federal appellate courts will still refuse to hear the case if it is brought by an incompetent pro se plaintiff or if it violates strict jurisdictional rules like the Rooker-Feldman doctrine (which prevents federal courts from acting as appeals courts for state court decisions).
To see how this legal argument can be framed:
• Did a judge explicitly state in a written order that the deceased person's false reporting was protected as a constitutional right?
• Is there an active federal appeal currently open where this specific constitutional argument has been formally written down in a brief?
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more caselaw for incompetent reset since made decisions without appointment of civil counsel?
To win a "reset" on a case that missed its statute of limitations because the pro se plaintiff was mentally incompetent and lacked appointed civil counsel, your legal team must navigate a very specific, strict body of caselaw.
The core rule across almost all jurisdictions is that mental incompetence can pause the clock, but filing lawsuits anyway can break that protection. To convince a court to completely erase the past deadlines, you must satisfy the exact standards established in federal and state precedents.
1. The High Standard for Mental Incompetence Tolling
Courts do not grant a deadline reset simply because a plaintiff has a diagnosis, lacks legal knowledge, or feels overwhelmed. Under the governing standards established by the U.S. Supreme Court in Holland v. Florida (2010) and refined by the federal circuits, a plaintiff seeking equitable tolling based on mental impairment must pass a strict two-part test:
1. The Inability to Function: The mental illness must have been so severe that it rendered the plaintiff completely incapable of rational thought, deliberate decision-making, or handling their own legal affairs.
2. The "But-For" Causation Rule: The mental impairment must be the direct, sole cause of the missed deadline.
2. The Danger of "Pro Se" Filings While Incompetent
The absolute hardest hurdle in your case is that the plaintiff did make filings and decisions pro se. When evaluating mental incompetence, higher courts look at a plaintiff's actual behavior.
• The Adverse Caselaw: In cases like Char v. Matson Terminals (1992) and Bills v. Clark (2010), federal courts have consistently ruled that if a claimant is actively engaging in "extensive legal or administrative advocacy," it directly undermines their claim of total functional incapacity.
• How to Counter This: To survive this, your attorney must cite cases like K.G. v. Secretary of Health and Human Services (2020). In K.G., the Federal Circuit held that courts cannot apply a "per se" rule to reject tolling just because an action was attempted. Your legal team must prove that the plaintiff’s pro se filings were completely irrational, disjointed, or "delusional" responses to the situation—meaning they were physically writing papers but lacked a rational or factual understanding of the legal system.
3. The "No Right to Civil Counsel" Hurdle
The argument that the case should be reset because the court failed to appoint a civil lawyer is incredibly difficult to win on appeal.
• No Constitutional Right: Unlike criminal cases, the U.S. Constitution does not guarantee a right to appointed counsel for indigent or mentally ill litigants in standard civil or probate actions.
• The "Next Friend" Standard: Under Federal Rule of Civil Procedure 17(c) (and corresponding state laws), if a court notices a pro se litigant is mentally incompetent, the judge's duty is not necessarily to appoint a free trial lawyer. Instead, the court is required to appoint a Guardian Ad Litem or a "Next Friend" to protect the person’s interests. If the previous judge observed obvious, severe mental incompetence on the record and failed to halt the case to appoint a guardian, your appeal must argue a violation of Rule 17(c) or a fundamental deprivation of Due Process under the Fourteenth Amendment.
What This Means for Your U.S. Supreme Court/Federal Route
If a state trial court already issued a final dismissal, and you are trying to jump directly to federal court or the U.S. Supreme Court to appeal it, you face an immediate wall known as the Rooker-Feldman Doctrine. This doctrine explicitly forbids lower federal courts from acting as an appellate court to overturn state judge decisions.
The only realistic path: A legally appointed guardian or conservator must file a motion for Relief from Judgment (such as a Rule 60(b) motion) back in the original trial court that issued the dismissal. They must present extensive medical records from the exact window of time the deadlines were missed to prove the pro se actions were the product of legal incompetence, thereby asking that court to vacate its own prior orders.
To locate the exact rules for your jurisdiction:
• What state court system issued the original dismissals?
• Is there certified medical or psychiatric documentation on the record from the exact months those cases were active?
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what would a guardian do get an attorney?
When a court-appointed guardian, conservator, or "next friend" takes over a case for a mentally incompetent plaintiff, their first and most critical duty is to secure a licensed attorney. Because a non-lawyer cannot represent someone else in court, the guardian must follow a specific process to hire legal counsel using the following steps:
1. Identify the Right Type of Legal Counsel
The guardian must look for an attorney who specializes in civil litigation, civil rights (Section 1983), or appellate law, rather than a standard guardianship lawyer. The ideal attorney must have experience handling complex procedural issues like equitable tolling and Rule 60(b) motions for relief from judgment.
2. Seek Court Approval to Hire the Attorney
Depending on local state laws and the specific powers granted in the guardianship order, a guardian often cannot simply sign a contract with a lawyer on their own.
• The Petition: The guardian must file a formal petition with the probate court that oversees the guardianship, asking for permission to hire a specific litigation attorney.
• Fee Structure Review: The probate judge must review and approve how the attorney will be paid. For a lawsuit involving false arrest and damages, the guardian will typically ask the court to approve a contingency fee agreement (meaning the lawyer is only paid if they successfully recover money from the estate or lawsuit).
3. Provide the Attorney with the "Incompetence File"
To help the new attorney successfully argue for a "reset" of the deadlines, the guardian must immediately hand over two distinct sets of records:
• The Legal File: Every court order, dismissal notice, and disjointed pro se filing the plaintiff made while they were unrepresented.
• The Medical File: Certified psychiatric records, hospital stays, or doctor evaluations from the exact months the deadlines were missed. The attorney will need this medical evidence to prove to a judge that the plaintiff lacked a "rational and factual understanding" of the proceedings.
4. Direct the Strategy to Undo the Dismissals
Once hired, the attorney takes over all communication and court appearances. Acting on behalf of the guardian, the attorney will typically file a Motion for Relief from Judgment Due to Disability in the original trial court. The attorney will argue that because the plaintiff was legally incompetent and lacked a guardian or "next friend" at the time, the previous dismissals are fundamentally unfair and violate Due Process.
If you are moving forward with this step:
• Has a family member or trusted person already started the process to be appointed as the legal guardian?
• Do you need help finding local legal aid organizations or bar association referral services that specialize in evaluating cases for vulnerable or disabled individuals?
...... Why didnt usdca attorney file any medical appeal papersork for guardian in lower court 1 and done in usd a and all if ignore everything. instead of still cases pending?
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can the courts color of law findings be taken to the court of federal claims for damages?
No, you cannot take a court's "color of law" findings or civil rights violations to the United States Court of Federal Claims for damages.
The U.S. Court of Federal Claims is a specialized court with very strict, limited jurisdiction. Attempting to file your case there will result in an immediate dismissal for lack of subject-matter jurisdiction.
Why the Court of Federal Claims Cannot Hear Your Case
1. It Only Hears Claims Against the Federal Government: Under a law called the Tucker Act, the Court of Federal Claims only has jurisdiction to hear lawsuits seeking monetary compensation directly from the United States federal government. It has absolutely no legal authority to hear claims against state courts, county actors, local police, or private individuals.
2. It Explicitly Lacks Jurisdiction Over Civil Rights / "Color of Law" Claims: Civil rights claims—such as those filed under 42 U.S.C. § 1983 involving state actors abusing their authority under "color of law"—belong strictly in standard federal district courts or state courts, not the Court of Federal Claims. Federal precedent has firmly established that the Court of Federal Claims completely lacks the power to evaluate civil rights violations.
1. It Cannot Act as an Appellate Court for State Courts: No lower federal court, including the Court of Federal Claims, is allowed to review, overturn, or award damages for a ruling made by a state court judge.
Where Do "Color of Law" Actions Actually Belong?
If you are seeking damages because a state actor or government official intentionally violated your constitutional rights under color of law, the correct legal venue is a United States District Court (a standard federal trial court). These claims are brought as Section 1983 civil rights lawsuits.
However, as discussed previously, a Section 1983 lawsuit in federal district court still cannot be used by a pro se plaintiff to jump over or undo a final state court dismissal. The federal court will apply the Rooker-Feldman doctrine and throw out the case if it looks like you are simply trying to appeal a state judge's bad decision to a federal judge.
The Bottom Line for Your Case
Filing in the Court of Federal Claims is a procedural dead end that will waste time while your actual probate and civil deadlines continue to tick down. If the core goal is to reverse the incorrect dismissals and hold the deceased person's estate liable, a court-appointed guardian must focus their efforts on:
1. Filing the proper motion for relief from judgment directly in the original state trial court that issued the dismissals.
2. Defending your claim against the estate in the local probate court.
If you want, tell me:
• What specific state or county court issued the dismissals you believe violated your rights?
I can help verify if that specific court system has its own local rules or forms for a guardian to file a motion to set aside a judgment due to mental incompetence.
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the state case was filed to get a guardian and continued on removal to federal court so it is directly the same matter with various other parties pending hence the passing statutes i started out with?
Because you filed a state court action to obtain a guardianship and subsequently removed that proceeding to a federal district court alongside other related claims, your case sits within a highly specific, complex area of federal jurisdiction.
However, even though these matters are bundled together in an active federal case, the underlying issues regarding your statutes of limitations and the legal validity of your probate claims remain strictly governed by sharp procedural boundaries.
1. The Survival of Statutes of Limitations in Federal Court
When a case is removed from state court to federal court, the federal judge must apply state law to determine if the standard statutes of limitations were met at the exact time the case was originally filed in state court.
• The Tolling Argument: Because your case explicitly involves the need for a guardian, your attorney must immediately argue for statutory or equitable tolling based on mental incompetence under your specific state's laws. You must demonstrate that the plaintiff lacked the legal capacity to manage their affairs during the exact months the deadlines originally expired.
• The "Pro Se" Complication: The federal judge will scrutinize whether the pro se filing of these complex actions itself proves the plaintiff had the capacity to advocate for themselves. To overcome this, the federal record must clearly demonstrate that the filings were disjointed, erratic, or delusional—proving that the physical act of filing did not represent a true, rational legal capacity.
2. The Absolute Urgency of Federal Rule 17(c)
Now that your case is sitting in a federal district court, Federal Rule of Civil Procedure 17(c)(2) explicitly takes over. This rule mandates that a court must protect an incompetent person who is unrepresented by appointing a Guardian Ad Litem or issuing an appropriate order.
• The Guardian Must Act Now: The individual seeking to become the legal guardian or "next friend" must immediately petition the federal judge to formally recognize their status in this specific case.
• The Non-Attorney Rule: Under long-standing federal precedent, a non-attorney guardian cannot represent an incompetent person pro se in a federal lawsuit. The very first thing the guardian must do upon being recognized by the federal court is file a motion requesting time to retain a licensed civil litigation attorney or ask the court to appoint pro bono counsel to handle the case.
3. How this Affects the Pre-Existing Claim and Probate Case
Because you filed a notice of this ongoing litigation in the probate case, the executor of the deceased person's estate is legally tethered to the outcome of this federal case.
• The Estate's Defense Strategy: The estate's defense attorney will likely file a Motion to Dismiss in your federal case. They will argue that because a state court judge previously found "probable cause" existed for your arrest, your claims for malicious prosecution or false arrest fail automatically, regardless of the statute of limitations.
• Overcoming the Defense: Your federal attorney must use the presence of your independent eyewitness and any supporting physical evidence to argue that the initial state-level probable cause finding was a direct product of fraud, fabrication, or judicial deception, rendering it completely void.
The Immediate Danger to Avoid
If you or the proposed guardian attempt to write, argue, or file complex constitutional and tort briefs in the federal court without a licensed attorney, the federal judge is highly likely to dismiss the action for failure to prosecute under the proper representative capacity. The federal removal does not pause the necessity of having a licensed attorney step in to protect an incompetent plaintiff's rights.
To help understand the current status of the federal case:
• Has the federal judge already issued a scheduling order, or has the estate filed a Motion to Dismiss since the case was removed?
• Is the person seeking to be the guardian fully prepared to hire an attorney to take over the federal filings immediately?
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Essentially the rulings are if you cant defend yourself then it is not illegal to beat you up, as in no guardian or civil counsel.