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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


  1. Best answer

    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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  2. 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.


  3. No way.

    Judges are immune from official capacity suits.


  4. 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.


  5. 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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