i ran away from my verbally abusive husband to a DV shelter. during the divorce the judge awarded him sole physical custody on the grounds that i was homeless due to us being in the DV shelter. even after he was shown the 8 page rap sheet with multiple DUI, imprisonments and drug charges my ex had. after 6 years, a new judge and DCF involvement for abuse and neglect i finally got custody back. is it possible to sue the judge or the state for reckless endangerment for placing the children in a situation they knew beforehand was potentially dangerous?
Elder Law Attorney
I don't see a case. Judges are immune from law suits for the actions they take as judges.
E. Alexandra "Sasha" Golden is a Massachusetts lawyer. All answers are based on Massachusetts law. All answers are for educational purposes and no attorney-client relationship is formed by providing an answer to a question.
2 lawyers agree
Criminal Defense Attorney
You cannot sue the judge because the judge has community. Potential danger and actual danger and actual harm are all three different things. You have not said anything with the child was damaged.
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