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  1. #1
    Join Date
    Sep 2010
    Posts
    1

    Default Can I Sue a Magistrate or a Office Clerk in a Court House

    My question involves civil rights in the State of: Airzona Hi I have a real problem here I was arested and put in prison for no reason. I was arrested during my plee hearing witch I pleaded guility for disruption of a court room. The judge threw out my plee and went ballistic on me and had me put in prison, not jail but Kingman prison. It was proving that I did nothing wrong in court at any time, we have both audio and video of the whole thing and all the charges have been dropped. I had to get a lawyer because I was so scared this judge was going to put me back in jail for a long time. My Lawyer has filed a complaint with the Judicial misconduct review board in Arizona. and it looks like he will be either reprimanded or taken off the bench . He is a magistrate and not a judge. Also a clerk in the office started all the problems in the first place when he came out from behind a glass window and came in the waiting area and confronted me in a threating manner. I feel none of this would not have happened at all. I have never been Arested in my life and this has been very traumatic to me and my family. In more way that I can write about . So what in need to know is can I sue the Judge and the clerk .

  2. #2
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can I Sue a Magistrate or a Office Clerk in a Court House

    In a word NO.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,004

    Default Re: Can I Sue a Magistrate or a Office Clerk in a Court House

    From what you've told us so far, you do not appear to have a viable case. Talk to your lawyer.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Can I Sue a Magistrate or a Office Clerk in a Court House

    Suing a gov't official is permissible under certain conditions - I don't think that judges are any more protected than other public officials. You will need to do research and see how far the umbrella of protection is offered to public officials. I have only looked at 2 state: UT & IL in detail. In UT, any employee who commits a crime is not covered but in IL they are covered. It goes by the AZ "westfall" act (equiv.) and state employment law. I would investigate if you may be liable for any attny fees if you file. Few, very few cases result in favor of the plaintiff. So you have some research to do.

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