Neil Rowe
So ... You have a State district court, and a US district court, usually right next door to each other. You must think of them like this : One is the State Sheriff, and one is the U.S. Marshall. If the Sheriff (state Judge) is given just the subtlest of hints that you know you can call the Marshall (federal Judge) on him, he will tone it down a little in your favor and watch his step. Your civil claim for deprivation of civil or violation of constitutionally protected rights violated by the facts and circumstances arising from and surrounding the cause for the state case, is filed in federal court though, and is separate from the pending state case, in which your main concern should be to establish a record by affidavit(s) of fact (which they usually wont rebut if your right, an unrebutted affidavit standing as truth in commerce). Which in turn gives you basis to file a motion for default or declaratory judgement on the facts in evidence in your favor later. You have to keep these things separate for them to work as they should in law. You do not file anything concerning a potential federal constitutional or civil rights claim in state court, unless its a "Petition For Removal to Federal District Court" exercising original jurisdiction over such claims. A state court has no jurisdiction to hear a claim for deprivation of federal rights against themselves or one of their agents, although they are required to uphold constitutionally protected natural rights over commercial statues. There are other ways you fight and build a record in the state case, that can then be used as evidence in the federal case. http://www.youtube.com/watch?v=XN32lLUOBzQ