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Template for Filing a Federal Lawsuit

Template for Filing a Federal Lawsuit

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Published by jackie Ross
This is a bare-bones template that i use as a boiler-plate for my federal lawsuits.
This is a bare-bones template that i use as a boiler-plate for my federal lawsuits.

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Categories:Types, Business/Law
Published by: jackie Ross on May 19, 2009
Copyright:Attribution Non-commercial

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12/02/2012

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1
Name: First, LastStreet or Mailing AddressCity, State, ZipTelephoneI
N
P
RO
S
E
UNITED STATES DISTRICT COURTFOR THE DISTRICT OF [PUT NAME OF DISTRICT HERE]Name)Plaintiff,))COMPLAINTvs)) NO.[SUPPLIED TO YOU BY THE COURT]))Name (s))[Does 1-100 [if additional)Defendants are unknown] )Defendants) ________________________)INTRODUCTION
1) This action seeks monetary relief [or injunctive, or declatory, see different types of relief sought] from the defendants for [specify what action the relief is sought for]
.JURISDICTION AND VENUE
2) Allege here that the court has jurisdiction to hear the matter pursuant to 28 U.S.C. 1331[which is a federal question - that the defendant broke a federal law which is found in the UnitedStates Code]. The court also has subject matter jurisdiction pursuant to 28 U.S.C. 1332 [this codeis used if the defendant and the plaintiff are citizens of different states or countries. Careful herewhen suing a business. There are standards in which the court must weigh in determiningdiversity jurisdiction - please look to the general laws in determining the home place of business
 
when suing a business. The jurisdictional amount of suit here is $75,000. Check this frequently,as the laws may change]. The court has supplemental jurisdiction pursuant to 28 U.S.C. 1367to hear Plaintiffs state law claims because those claims are related to Plaintiff’s federal claims andare inextricably entwined [use this if there are state law claims such as emotional distress and thelike, which are a result of the breaking of federal laws] and arise out of a common nucleus of related facts. Plaintiff’s state law claims are related to Plaintiff’s federal law claims such thatthose claims form part of the same case of controversy under Article III of the United StatesConstitution. Venue is proper in that the claims alleged here arose due to the Plaintiffs residencewithin the Northern District of [ Federal District Name]
PARTIES
4) Describe the each of the parties - Plaintiffs first [ex. Plaintiff is a disabled American harmed bythe defendant(s) and is acting in
 pro-se
(always put Latin phrases in italics)].
FACTS
5) Allege all the facts here, in date order, (no need to bulletize, but put in numbered paragraphswhen deemed necessary) that led up to the complaint. Include here the history of the relationship between you and the defendants and what gave rise to the defendant’s federal tort. [ ex. Plaintiff John Doe of San Jose, CA., entered in a contract with Joe Shmoe in New York, NY, and thatcontract resulted in a breach by that defendant. That breach is as follows: Story tell but don’t gettoo intricate]
INJURIES
7) By reason of defendants outrageous acts, the acts perpetrated by defendant would causesusceptibility to emotional distress and physical injury and mental anguish, including but notlimited to bodily injury such as stomach aces, sleep loss, feelings of worthlessness and increase in
 
medication, feelings of depression anger and irritability and appetite loss. Accordingly plaintiff isentitled to special damages.
FIRST CLAIM
SEVERE EMOTIONAL DISTRESS
8) Plaintiff realleges and incorporates paragraphs 1-7 of the complaint herein.9) By reason of defendants outrageous acts, and knowledge of Plaintiffs closed head injury thatwould cause susceptibility to emotional distress and physical injury and mental anguish, including but not limited to bodily injury such as stomach aces, sleep loss, feelings of worthlessness andincrease in medication, feelings of depression anger and irritability and appetite loss. Accordingly plaintiff is entitled to special damages.
SECOND CLAIM
INTENTIONAL AND RECKLESS DISREGARD
10) Plaintiff realleges and incorporates paragraphs 1-9 of the complaint herein.11) Defendants acted with the intent to inflict injury and with the realization that an injury wassubstantially certain to result from their conduct. Knowledge of Plaintiffs closed head injury thatwould cause susceptibility to emotional distress and physical injury and mental anguish, including but not limited to bodily injury such as stomach aces, sleep loss, feelings of worthlessness andincrease in medication, feelings of depression anger and irritability and appetite loss. Accordingly plaintiff is entitled to special damages.

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