The Heartbeat of Freedom Educational Series Brought to you by S.C.A.R.S
Federal Court Jurisdiction for purposes of Civil Lawsuits
Define; Jurisdiction: A Court’s statutory, (or legal), ability to hear your civil case
What is Federal Court Jurisdiction? The jurisdiction of the Federal Court to hear a civil case arises from Federal statutory authority to hear a specific type of case. This is important because The Federal court can only hear cases arising from questions of The Constitution or Federal Statutes granting that jurisdictional authority to the Federal District Courts. It is Congress, not the judiciary, that controls the type of cases that may be addressed in the Federal District Courts so Federal Court jurisdiction always arises from Federal Statutes. Federal Court jurisdiction is NOT found in §1983! You must assert a Federal Statute showing the court you choose to bring your civil action in has the statutorily required jurisdiction. “§1983 ‘is not itself a source of substantive rights,’ but merely provides ‘a method for vindicating federal rights elsewhere conferred.” Graham v Conner 490 U.S. 386 (quoting Baker v. McCollan, 443 U.S. 137, 144 n.3 (1979).
Link for Graham v Conner: https://supreme.justia.com/cases/federal/us/490/386/
Federal Question Jurisdiction
As always, let’s read the appropriate Federal Statutes regarding Federal Court Jurisdiction.
Federal Question Jurisdiction arises under 28 USC 1331– “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”
1) Use 28 USC §1331 where you have federal questions regarding violations of your Constitutional rights “under color of law”. An example of a “Federal Question” is where you’re claiming an officer violated your 1st Amendment rights by stifling your speech. Any claim you make regarding a violation of your constitutional rights is a ”federal question” and falls under 28 USC §1331.
2) You can also use 28 USC §1331 where a Federal Statute grants the Federal Court jurisdiction. For example, Federal Statute 42 USC §2000aa is a Federal Statute that prevents government actors from seizing work products and materials from news media without first getting a subpoena from a Judge. For 1st Amendment auditors, this is a rarely used but important statute in that makes it unlawful for a person “acting under color of law” to seize your work products or materials(Work products are defined as physical recording devices, generally and “work materials” are the results of your reporting to include audio, video, notepads, etc.). So, under the same section, 42 USC 2000aa-6 states that, “(h)Jurisdiction; The district courts shall have original jurisdiction of all civil actions arising under this section.” (Note: 42 USC §2000aa-6(c) also removes official immunity for any cop or prosecutor who violates §2000aa. Immunity is NOT a defense to this statute!)
Link to 28 USC 1331: https://www.law.cornell.edu/uscode/text/28/1331
Link to 42 USC 2000aa: https://www.law.cornell.edu/uscode/text/42/chapter-21A/subchapter-I
3) Federal Question Jurisdiction also arises under 28 USC 1343– (a)The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (3)To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress(a Federal law) providing for equal rights of citizens or of all persons within the jurisdiction of the United States;
1) This statute confers jurisdiction for 42 USC §1985 civil actions.
Link to 28 USC 1343: https://www.law.cornell.edu/uscode/text/28/1343
4) Federal Question Jurisdiction also arises under 28 USC 1343 (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42; (2)To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in which he had knowledge were about to occur and power to prevent;(3)To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.
Link to 28 USC 1343: https://www.law.cornell.edu/uscode/text/28/1343
Federal Question Jurisdiction also arises under Diversity Jurisdiction –28 USC § 1332– (a)The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between— (1)citizens of different States
1) 28 USC §1332 confers jurisdiction to the Federal District Court where the plaintiff and defendant are from different States and the amount youre suing for is in excess of $75,000.00. The same Statue confers Federal District Court jurisdiction for class-action lawsuits.
Link to 28 USC §1332: https://www.law.cornell.edu/uscode/text/28/1332
Federal Jurisdiction also arises under Supplemental Jurisdiction – 28 USC § 1367 (a)Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution.
1) Supplemental Jurisdiction is conferred to the Federal District Courts under 28 USC 1367 where there are claims of Federal question jurisdiction under one of the above statutes AND you desire to make State law claims such as assault, conspiracy, etc. Keep in mind that in order for the Federal District Courts to have jurisdiction under this Statute then most of the claims in your civil action must be substantially made up of Federal claims.
Link to 28 USC §1367: https://www.law.cornell.edu/uscode/text/28/1367
Pro tip; Not all Federal Criminal Statutes confer a private right of civil action in a Federal District Court, nor does every Federal Statute “automatically” give you a right to use that statute by its very existence. Only Federal Statues, like 42 USC 2000aa-6 noted above, confer jurisdiction to a Federal District Court for a private civil action because it specifically says so in the statute. I frequently see 18 USC §241 and §242 asserted both online as an action to sue under and sometimes I see them used in Federal Civil actions, usually by newly hatched lawyers that don’t yet know better or by inexperienced pro se plaintiffs. Yes, §241 and §242 use the endearing words we love so much like “deprivation of rights” and “under color of law” … However, those statutes specifically state that they are only for use in the Federal Courts by the U.S. Attorneys office. So, there is no point using them in a private federal civil action. And it just looks silly if you do use them. So please, if you’re going to assert a Federal Statute for jurisdiction in Federal Court, be sure to read the whole statute and be sure it confers jurisdiction in a private civil action before you use it in your lawsuit. Using ineffective statues just muddies the water for you.
Link to 18 USC §241: https://www.law.cornell.edu/uscode/text/18/241
Federal Court Venue for purposes of Civil Lawsuits
Define Venue: what court building do you bring your civil acion in based on the physical location in which the violation of your rights took place.
Venue should always be properly asserted in your complaint.
As always, let’s start by taking a look at the appropriate statutes..
28 USC 1391– (b)Venue in General. —A civil action may be brought in—
1)a judicial district (court) in which any defendant resides, if all defendants are residents of the State in which the district is located;
2)a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated;
AND; (c)Residency. —For all venue purposes—
2)an entity with the capacity to sue and be sued in its common name under applicable law, whether or not incorporated, shall be deemed to reside, if a defendant, in any judicial district in which such defendant is subject to the court’s personal jurisdiction with respect to the civil action in question and, if a plaintiff, only in the judicial district in which it maintains its principal place of business;
Note; 2 things you MUST show for Venue to be proper: 1) The Statute that Congress gave your Federal District Court Venue (28 USC 1391) AND; 2) A court must have personal jurisdiction over any defendant named in your action. Meaning, the violations you allege took place in the district you file for venue to be proper and at least (1) defendant works or resides there.
Link to 28 USC §1391: https://www.law.cornell.edu/uscode/text/28/1391
Parties in a Federal Civil Action
Parties to a Complaint
It is proper to label yourself a plaintiff, it is as well proper to label your adversarial parties as defendant. Be consistent in that word usage throughout the complaint.
A) Plaintiff/Petitioner- Confer your name, a statement that you are over 18 years of age and your city, county and State of residence
B) Defendant/ Respondent- Confer by number each Defendant’s name(s). Give city, county, State and place of work (if your defendant is a public officer) or city, county and State of residence (if a private party) for each as well.
C) Number each defendant separately.
Example: III. Parties
Plaintiff (Pro Se) Your Name who lives in Some Bumpkin Town located in Who Gives a Shit County, Mississippi
Defendant (1) Officer Justin Case in his personal and official capacity as a Police Officer with Some Bumpkin Town PD, residing in Some Bumpkin Town in Who Gives a Shit County, Mississippi
Defendant (2) The Bumpkin Town Police Department, located in Bumpkin Town in Who Gives a Shit County, Mississippi.
Defendant (3) The County of Who Gives a Shit, Mississippi
D) The “Parties” section is where it is proper to name an individual in the action as “In their “Personal Capacity” and/or in their “Official Capacity”(or neither or both).
When you do not state which capacity you’re suing under then the Court will decide for itself whether the defendant is being sued in his “official” or personal” capacities. The Judge will confer this from the contents of your complaint. YOU DO NOT HAVE TO PUT “official” or Individual” capacities if you’re not sure… (The Court will do that for you, actually). More on parties and “capacities” of defendants in the next series….
Best Wishes from SCARS!