I have evidence of DHR has wrongfully took my son. Supposed drug use but, I NEVER failed any drug test. They never had a 72 hour hearing to show cause after he was taken. I have did everything they asked. The only evidence is my sisters false allegations. The Judge let her move to Kansas and gave full custody to her. while my husband and I still have our parental rights. My sister obtained her court appointed lawyer by lying. Her lawyer was my child GAL before she decided to work for her. The judge is always in their favor even though they have no evidence of us being unfit parents. we still don't have custody. Waiting to go to court. Where do I start can I sue for custody or just a settlement for them violating several constitutional and civil rights?
Waaaay too much drama here. You may have been done wrong as you claim, but the fact that you think the whole world is against you makes me doubt your understanding of what's going on here. Of course, it's not paranoia if everybody really is against you, but it's just not the ordinary case. Go talk to a lawyer. If you can't afford one, contact Alabama's Volunteer Lawyer program through the State Bar.
In a nutshell: the judge is absolutely immune from suit under the doctrine of judicial immunity. This type immunity is absolute and covers any and all actions undertaken while in his or her capacity as a judge. The state of Alabama and all agencies of state government are immune from suit in a state court under Art. I, section 14 of the Ala.Const. In order to press this claim in a federal court, where state agencies and it officers and agents are the subject of a federal based civil rights claim, the plaintiff would have to show a Constitutional violation sufficient to overcome a motion for summary judgment. The state officers and agents are entitled to qualified immunity which shields the officers and agents from suit absent intentional violation of an established right under the Constitution. The lawyer's actions are entitled to a presumption of correctness. However, the proper forum for a complaint against a lawyer is not a court of law but the Disciplinary Commission of the Alabama State Bar.
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