If Judge violates the defendant;s constitutional rights, can he sue the Judge?

Asked almost 2 years ago - Beverly Hills, CA

As I read below link, people can still sue Judge if he violates a person's constitutional rights? My friend is seeking civil lawyer to sue a corrupt Judge for $1M because he violated his constitutional rights. See below link

http://wiki.answers.com/Q/Can_a_judge_be_sued_f...

Attorney answers (4)

  1. 5

    Lawyers agree

    Answered . Judges are immune from suit. However, your friend can appeal the decision.

    DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal... more
  2. 2

    Lawyers agree

    Answered . The link did not say people can sue judges. Judges have judicial immunity for decisions made from the bench.

    Judges decisions come under scrutiny from appellate courts. If the decision was so egregious as you imply, it will be obvious to any appellate court. There won't be any monetary damages here...

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  3. 3

    Lawyers agree

    Answered . There are some very rare, and very narrow circumstances when a judge can be sued for actions committed outside his or her "judicial capacity." but the other comments are correct. If a judge errs - even on a constitutional issue - in the course of handling a judicial case, then the remedy to get review in an appellate court. That usually means by taking an appeal. This now is technical - a real "inside baseball" point - but in some unusual circumstances, the way to get appellate review of a judge's ruling is by filing a petition for a writ of mandamus in an appellate court against the lower court judge. Such a case will be captioned as, e.g., Jane Doe vs. the Hon. John Smith, District Court Judge. But mandamus cases operate, in function, pretty much like appeals cases, and the point is to try to get some particular ruling reversed. They aren't, for example, money damages cases against judges.

  4. 2

    Lawyers agree

    Answered . You misread the link. Read it again. Judges are immune/- see attorney Mertens' excellent fine points answer too.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

Related Topics

Constitutional law

Constitutional law focuses on examining and interpreting the US Constitution, and seeing how the rights it grants relate to various laws and court decisions.

Lawsuits and disputes

If you're faced with a dispute that can't be resolved by negotiation, a lawsuit may be necessary. It will allow you to seek a legally binding solution in court.

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