New York Non-Prisoner Instructions are a set of documents issued by the New York State Supreme Court that outlines the procedures for filing a lawsuit in the state. The instructions provide guidance on the filing process, the types of documents needed, and the fees associated with filing a complaint. The instructions also provide information on how to serve a summons and complaint, how to file a motion or paper, and how to enter a judgment or order. There are two types of New York Non-Prisoner Instructions: Civil Practice Law and Rules (CPR) and Local Civil Rules (LCR). The CPR provides the general rules for filing a lawsuit in New York, while the LCR provides specific rules for each county in New York.
New York Non-Prisoner Instructions
State:
New York
Control #:
NY-WD-144
Format:
PDF
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Non-Prisoner Instructions
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UNDER THE CIVIL RIGHTS ACT, 42 U.S.C. § 1983. This packet contains two copies of a complaint form and two copies of an original in forma pauperis petition. To start an action, you must submit one original and two copies of your complaint. A copy will be returned to you file-marked for your records.
Under 42 U.S.C. § 1983, you may sue state or local officials for the ?deprivation of any rights, privileges, or immunities secured by the Constitution and federal laws.? Under Bivens v.
However, the U.S. Supreme Court has interpreted Section 1983 of the U.S. Code to permit prisoners to sue state correctional officials when the conditions of confinement fail to meet constitutional standards of physical security, adequate medical treatment, freedom of religious expression, and so forth.
§ 1983 lets people sue state and local governments for violations of federal law or the U.S. Constitution, if that violation was done under the color of the law. Generally speaking, the 11th Amendment to the U.S. Constitution gives states sovereign immunity from civil lawsuits filed in federal court.
Section 1983 provides an individual the right to sue state government employees and others acting "under color of state law" for civil rights violations. Section 1983 does not provide civil rights; it is a means to enforce civil rights that already exist.
A Section 1983 lawsuit is a civil remedy. It applies when someone acting "under color of" state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes.