Federal Civil Rights
Lawsuits
(42 USC 1981-88)
If you want to file a Civil Rights (42 USC 1983) or
Diversity Tort Complaint in Federal Court, HOW2's Bob Hirschfeld, JD,
may be the right one to assist you. Bob does not represent litigants.
However, he educates persons who represent themselves.
Although he is no longer in law practice, he has considerable
Federal Court experience, as well as Constitutional-law based State
appeals. During his former law practice, he filed a number of such
actions for clients, also as an ACLU Cooperating Attorney, and on his
own behalf.
Among these are:
- Jacobsen v. U.S. Postal Services et.al.
The Postal Service seized Jacobsen's "Single Scene"
newsracks on sidewalks outside post offices. The Ninth Circuit
decision, mandating injunctive relief against the defendant
Postal Service and General Services Administration,
is reported at 812 F2d. 1151, 13 Med. L..Rptr 2371
(9th Cir. 3/13/87).
- Forced application in a hospital "Sexuality and Addiction Program" of
the "Penile Plethysmograph" and "Ammonia Aversion Therapy" to
a ward of the State (an 11 year old boy) was enjoined by the
Arizona Court of Appeals, after a Juvenile Court Commissioner
failed to stop the invasive treatment of the boy,
an alleged victim of sexual abuse.
Hirschfeld, on behalf of ACLU, angered Juvenile Judges
through public exposure. Within weeks, the scientifically
questionable three million dollar per year Hospital
program was shut down. Natural Mother of Minor Child v. Superior Court,
1-CV-SA-92-155 (Arizona Court of Appeals 1992)
(unpublished, but opinion available)
- A government policy prohibiting cross-ethnic adoption was
found to be unconstitutional, as a result of Hirschfeld's
Federal litigation as a volunteer attorney on behalf of the
Arizona Civil Liberties Union. The Dept. of Economic Security
was forced to stop the racial discrimination policy, and the
Anglo foster parents were allowed to adopt 3-year-old Maria,
a Hispanic child. The State paid the ACLU $32,000 in attorney
fees.
Maria Child, et.al. v. Lowenburg,
CIV 92-0403 PHX EHC (USDC Ariz.)
- A participant in a custody dispute does not forfeit
his constitutional rights against self incrimination.
A court cannot force disclosure of Fifth-Amendment protected
information by the subterfuge of requiring the litigant to
disclose to a court-appointed psychologist.
Awards of custody may only be based on best interests of the child,
and not as punishment for invoking the Fifth Amendment.
Montoya v. Superior Court, 173 Ariz. 129, 840 P.2d 305
(App. 1992), 19 FLR 1101 (1/5/93).
Hirschfeld is available through HOW2 to assist and teach
pro-se litigants to draft Federal Civil Rights and
Diversity Tort complaints via the Internet.
Hirschfeld does not represent
anyone in a lawyer-client capacity.
He is a legal educator assisting pro-se litigants
and appellants only.
Bob Hirschfeld, JD Phoenix, AZ
nolawyer@nolawyer.com
011 52 638 385 3600
Self-Representation Educational Videotapes
"Introduction to Courts and Civil Procedure"
HOW2 Represent Yourself in Court Without a Lawyer - Videotape #1
1 1/4 hour VHS -- $19.95 plus $3.20 Priority Mail Postage
"The Appeal Process"
HOW2 Represent Yourself on Appeal Without a Lawyer - Videotape #2
1 3/4 hour VHS -- $19.95 plus $3.20 Priority Mail Postage
"Power and Pitfalls of Federal Court"
What Federal Courts can and cannot do; Deciding to file a Federal action
Videotape #3
1 1/2 hour VHS -- $19.95 plus $3.20 Priority Mail Postage
Bob Hirschfeld, JD presented these seminars, which were videotaped, at recent conventions of
the National Congress for Fathers and Children (NCFC).
Tape #1 is an excellent introduction to basic procedure, sequence of what happens from filing through
motions, discovery, trial, post-trial, with the insights and techniques gained by Bob Hirschfeld
in ten years of Domestic Relations practice.
Tape #2 is a practical seminar on Appeals; what can and cannot be appealed,
preparations necessary before appeal, the nuts and bolts of the appeal process.
Chock full of practical hints, warnings, explanations.
Tape #3 teaches what federal courts can and cannot do; too many pro-se
litigants file fatally flawed complaints without first understanding
the limitations, immunities, abstention doctrines, and peculiarities
of federal Court jurisdiction and capability. This tape helps decide whether
or not to use a federal court approach, and helps avoid the basic pitfalls
if the decision is to go federal.
All three tapes are useful in representing yourself, and to show to meetings of fathers rights, court reform or pro-se advocates and organizations.
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