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Help on how to file civil action in US District Court


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Poll: Would you file a Civil Action in US District Court? (13 member(s) have cast votes)

Would you file a Civil Action in US District Court against a Federal Agency?

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    Percentage of vote: 100.00%

  2. no (0 votes [0.00%])

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#1 Doc Holiday

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Posted 22 May 2011 - 08:13 AM

VERY IMPORTANT: If Stacy Brockman (as an extension of Chief Counsels Office, which is all they really are) determines your case is a "mixed case" because you allege CONSTRUCTIVE DISCHARGE and thereby MUST go to the MSPB and the matter cannot be heard before the EEOC, email me. This is a common tactic to do the Elenor Loos (drag it out for years) play. It CAN be defeated and you don't automatically have to drop the construtive discharge allegation to have your complaint heard. Simply put, If they have discriminated and retaliated against you, and it became unbearable for you to stay on the job, you can hold them accountable.

The attorney's for the government are a bunch of cruddy low life! They count on the fact that you do not have the background and knowledge to survive their motions for summary judgment. If anyone out there has survived a motion for summary judgment tell the rest of us what we need to do in order to get pass this weapon of mass destruction. It may be legal but it definitely is not justice and more importantly it is immoral.



#2 Thor God of Thunder

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Posted 21 May 2011 - 09:19 AM

I feel your pain having been through this dance a few times. Often the best resolution is to settle if possible. You may not get all you want (especially when it comes to money) but be creative in finding some terms you can live with and perhaps get a fresh start. Understand however, once you have traveled this road you are tainted forever in ATF.

I have been tainted for 20+ years! Don't worry you get used to it and learn to live with it!!

The beauty of the EEO process (even though the deck is stacked) is that if you work it right you get a lot of free discovery which becomes expensive in District Court. The down side of District Court is that it will be VERY expensive. Do not venture down this road unless you are committed to spending in excess of $100,000. Most attorney's will want a hefty retainer against $200-300 per hour. When all is said and done you may be out a ton of money and get nothing, especially if damages are not readily apparent. District judges view these cases as a detractor from “real cases” and are readily willing to dispose of them by technicalities. My best advice to you is do NOT let emotions drive your course of action. There will be no justice in any scenario. The best you can hope for is some compensation for damages IF you can prove them. Best of Luck to you!


There is no guarantee with regards to results when you have an attorney, so spending a $100,000 on something that could go south at any time, regardless of how good your case is, may not be a good investment. This is called Robbery and Fraud by Attorney. Attorneys can also turn on you and allow your issues or entire case be dismissed on a technicality and you would not even know. The best thing is to learn the process, learn the terms, learn what is required for your to push your case through.

I know that it is easier said than done but this is what is required. I know in the end more and more of us will rise to the occasion and do it to end the abuses and reprisal from managers at ATF.
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#3 Thor God of Thunder

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Posted 21 May 2011 - 08:27 AM

The attorney's for the government are a bunch of cruddy low life! They count on the fact that you do not have the background and knowledge to survive their motions for summary judgment. If anyone out there has survived a motion for summary judgment tell the rest of us what we need to do in order to get pass this weapon of mass destruction. It may be legal but it definitely is not justice and more importantly it is immoral.
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For Clean Up ATF!

#4 1desertrat

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Posted 04 May 2011 - 01:12 PM

I just received my decision from the EEOC in regards to my complaint against ATF, and surprise surprise, it wasn't in my favor...
If anyone knows how to File a civil action in US District Court and how to file for counsel because I cannot afford an attorney, I would really appreciate your help. I have 90 days from today to do both of these. Or if you could direct me on where to go to get help with this, or suggest any other action that I should be taking, it would be greatly appreciated. I've sent gift cards to people whom I've never met before for helping me in the past, and It would be my pleasure to take someone out to lunch, even if I don't go to lunch with you!
Thank you in advance!

I feel your pain having been through this dance a few times. Often the best resolution is to settle if possible. You may not get all you want (especially when it comes to money) but be creative in finding some terms you can live with and perhaps get a fresh start. Understand however, once you have traveled this road you are tainted forever in ATF.

The beauty of the EEO process (even though the deck is stacked) is that if you work it right you get a lot of free discovery which becomes expensive in District Court. The down side of District Court is that it will be VERY expensive. Do not venture down this road unless you are committed to spending in excess of $100,000. Most attorney's will want a hefty retainer against $200-300 per hour. When all is said and done you may be out a ton of money and get nothing, especially if damages are not readily apparent. District judges view these cases as a detractor from “real cases” and are readily willing to dispose of them by technicalities. My best advice to you is do NOT let emotions drive your course of action. There will be no justice in any scenario. The best you can hope for is some compensation for damages IF you can prove them. Best of Luck to you!

#5 The Original Ralph

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Posted 03 May 2011 - 08:57 AM

having been sued in district court myself, and knowing the strategies that are practiced, i'd strongly suggest you secure the svcs of a competent attorney, and especially one with integrity. The district court becomes a legal minefield, and the name of the game seems to be "win by outspending the opposition or by causing the opposition to spend money in tonnage". add to that, (i was sued in Phoenix District court), that the lack of ethics i saw demo'd (we caught the plaintiff's attorney in multiple outright lies, both to the court and to us that i finally asked my attorney how they get away with this (i'm on the east coast). his response was that it's been the rep of that district that it's still the "wild wild west" in terms of ethical bounds. My 2nd attorney (i was in real estate for 21 years and have known a thousand of them) was super astute, straight arrow etc - he had warned me that an estimate of the costs for a full blown defense would run, by industry standards, $150,000 to $250,000. At the $330,000 dollar mark we had not even gotten out of discovery - i kid not. another suggestion, do not employ an atty from a multi-office firm. my first atty, right there in Phoenix, was in a firm with offices in 4 states. Found out after employing him, he was running the bill on futile motions to run up billable hours and a local atty told me, attys in multi-state firms have too large a pyramid above them to support. but without an atty handling it, i suspect you'll end up feeling like a mouse the cat played with before it became that cat's snack. if you want some more details, in case it serves throw me a call 804-502-0449 not trying to dissuade you but rather to give you an idea of the landscape.

#6 Blessed

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Posted 02 May 2011 - 08:39 PM

Good luck on your civil suit. I would like to see a permanent section on this site devoted to the appeals process as well as civil suit recommendations.
It would also be nice to have a permanent section devoted to the policy and law violations of supervisors, that were overlooked by ATF headquarters. I think these examples should be used in every appeal, and putting them in one section would save valuable time for the agent.

Thank you, yes I agree, because the EEOC lets me know what I can do but they don't tell me how to do it... I mean really.. whos side is the EEOC really on?
Not on my side, I waited over a year for them to tell me I am wrong and the ATF did no wrong... I sent them evidence, concrete proof of the wrong doing, it's like they didn't even look at my complaint, or just totally ignored it... I feel so helpless and so violated... and the person who did this to me still has their job and is probably still doing what they did to me and so many others before me....

#7 Guest_ONCE PROUD_*

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Posted 02 May 2011 - 07:04 PM

Good luck on your civil suit. I would like to see a permanent section on this site devoted to the appeals process as well as civil suit recommendations. It would also be nice to have a permanent section devoted to the policy and law violations of supervisors, that were overlooked by ATF headquarters. I think these examples should be used in every appeal, and putting them in one section would save valuable time for the agent.

#8 Blessed

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Posted 02 May 2011 - 05:44 PM

I just received my decision from the EEOC in regards to my complaint against ATF, and surprise surprise, it wasn't in my favor... If anyone knows how to File a civil action in US District Court and how to file for counsel because I cannot afford an attorney, I would really appreciate your help. I have 90 days from today to do both of these. Or if you could direct me on where to go to get help with this, or suggest any other action that I should be taking, it would be greatly appreciated. I've sent gift cards to people whom I've never met before for helping me in the past, and It would be my pleasure to take someone out to lunch, even if I don't go to lunch with you! Thank you in advance!




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