Judges and constitutional violations.

Asked over 1 year ago - 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)

  1. Peter McGrath

    Contributor Level 13

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    Answered . 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.

    McGrath Law Firm, PLLC www.thebuffalolawyer.com Buffalo, NY Attorney-Client Relationship - The materials... more
  2. Eric Edward Rothstein

    Contributor Level 20

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    Answered . 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... more
  3. Alan James Brinkmeier

    Contributor Level 20

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    Answered . No way.

    Judges are immune from official capacity suits.

  4. Louis Lawrence Sternberg

    Pro

    Contributor Level 18

    1

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    Answered . 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.... more
  5. Rixon Charles Rafter III

    Contributor Level 20

    2

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    Answered . No.

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

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