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Judges and constitutional violations.

Lindenhurst, NY |

Can I sue a judge in civil court for a constitutional violation and for damages?

Just a yes or no please.

Many thanks in advance.

Attorney Answers 5

Posted

Yes and no. For the most part, judges have immunity. But, in rare occasions you can sue a judge, but not to receive monetary damages, only equitable relief. Generally, you can appeal a judges ruling; but in situations that you cannot, you can file a petition for a writ of mandamus in an appellate court against the lower court judge.

There really aren't many yes or no questions in law.

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Posted

No. Judges have absolute immunity for anything relating to a case.

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.

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Posted

No way.

Judges are immune from official capacity suits.

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Posted

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. 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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1 comment

Rixon Charles Rafter III

Rixon Charles Rafter III

Posted

BTW, there are very few legal matters that can be answered with a simple 'yes' or 'no'. It really depends on the facts and circumstances. As a statistical measure I answered your question 'no' becasue the odds of you having an issue that you could sue a judge over an issue in court are next to none. That is not an absolute however as attorney McGrath indicated. If the issues is not related to his judicial office then the answer is yes. You provided no facts and tried to narrow the scope of answers --as a result you get what you asked for--answers that do not take into account the specific facts--any legal notion that does not account for the facts in a case should be viewed with some degree of unease.

Posted

No. Generally, judges have immunity from such suits.

It is always advisable to contact an attorney. For a consultation, please contact our office at 516-669-3295. We are located in West Babylon, NY and proudly offer very low rates and free consultations. For more information, please see our website: <a href="http://www.LouisLSternbergLaw.com">Long Island Divorce Lawyer Louis Sternberg.</a>

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