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

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_for_violating_a_defendant%27s_civil_and_constitutional_rights

Attorney Answers 4


  1. 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 advice, create an attorney-client relationship, or constitute attorney advertising. Liewen Law is fully compliant with every State and Federal Law, including California SB 94 and the related Civil Code Sections, as well as the FTC Mortgage Assistance Relief Services (MARS) Final Rule. Liewen Law is a debt relief agency helping consumers file for bankruptcy relief under the United States Bankruptcy Code. Liewen Law maintains this website for marketing and informational purposes only. None of the information or materials on this site is legal advice. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Said information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While we make every effort to keep this site accurate and up to date, we do not guarantee its accuracy and are not responsible for inaccuracies, errors, or omissions.


  2. 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-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


  3. 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. 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 Virginia and the US Federal Courts in Virginia. 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.

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