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Civil court and constitutional rights

Lindenhurst, NY |

Can you a judge in civil court for a constitutional violation?

Just a yes or a no please.

The correct post is can you sue a judge in civil court...............

Attorney Answers 4


  1. It depends.

    A judge cannot be sued for acts taken in her judicial capacity for damages.

    A judge can, under the proper facts, be sued for acts taken in her judicial capacity for forward looking injunctive relief.

    So, really, it depends on what you are trying to accomplish.

    This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.


  2. Judges have absolute immunity. You cannot succesfully sue a Judge.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. No.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. 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 matter.