California | Civil Rights Law
Legal Question
Declaratory relief in Title 42 Sec. 1983 claim?
This is about a federal Title 42 Sec. 1983 action. I am confident that I am entitled to monetary damages, if the state actor individuals are liable (i.e. a question of qualified immunity). I don't want to be researching that and put off seeking prospective relief I believe I am entitled to now, which will get me working now. The actors are the Calif. Dept. of Ed.'s J. O'Connell and J. Cummings and all the members of the Calif. Board of Ed., where these parties have the power to ''list'' me (or not) as an eligible ''tutor'' to be hired by Calif. school districts ''in need of improvement'' to tutor students from eligible (low income) households. These state actor individuals interpret federal and state regulations wrongly to determine that an otherwise qualified credentialed teacher (me) cannot ''tutor'' kids one-on-one, basically, though it is okay to teach to an entire class all day. The state set out a new and different qualification scheme for ''tutors'' - but tutoring and teaching are the same activity! Anyway, if I just ask for injunctive and declaratory relief in federal court now, in a first action, may I later file a second lawsuit for monetary relief? What about the statute of limitations? (This is a continuing type wrongdoing.)
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Read More Answered By: David Beauvais |
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