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Can I take a family judge to court for violating my constitutional rights?

Canton, MA |

A family judge in Canton Massachusetts has violated my constitutional rights by denying me the right to see my daughter. I have no history of violence, never fight in my life, She rules based on what my ex has said. But the person with high temper is her? Ho do I regain my father's right and constitutional rights?

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Attorney answers 3


the short answer is no - you can file a complaint with the judicial board or appeal the decision.

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Short answer is 'no', judges enjoy absolute immunity in suit and nothing in your fact pattern suggests the judge was acting outside her judicial office nor denied you any Constitutional right.

That said, this forum is not well suited to discussing the details and ALL the facts and circumstances that make up case--you're best bet is to consult with an attorney in your area to asssess whether any right was violated, from a legal perspective, devoid of the fact that you personally feel violated. After that consultation you will have a better idea how and whether you have any legal grounds on which to proceed.

Best of luck to you.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


You are not the first person to disagree with a judge's decision, and no you cannot sue, and no your constitutional rights have not been violated. You can either appeal the decision, there are strict time limits in doing so and it is not easy to win, or hire an attorney to represent you and your position. From experience, I strongly urge you to do the latter and if you see this thru a "constitutional rights" lens, I can assure you you will not be successful.

To questioners from West Virginia & New York: Although I am licensed to practice in your state (in WV, on inactive status as of 9/13), I practice on a day-to-day basis in Massachusetts. I answer questions in your state in areas of the law in which I practice, and in which I feel comfortable trying to offer you assistance based on my knowledge of specific statutes in your state and/or general principles applicable in all states. It is always best, however, to work with attorneys and court personnel in your own area to deal with specific problems and factual situations.

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