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  1. #1
    Join Date
    Feb 2008
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    14

    Default How To Sue A Judge

    This is not going to be easy. Any input will be much appreciated.
    A judge must commit a crime from the bench in order to lose immunity from civil prosecution for deprivation of rights under color of law.
    Thus, the first question I have, does there need to be a guilty verdict against the judge before a civil complaint will lie against him under section 1983 in Federal Court, or can the criminal violation be proven along side the civil action?
    If the guilty verdict is needed in advance, does the statute of limitations become tolled upon the filing of a criminal complaint? What if the State refuses to accept a criminal complaint against its own judge?
    California apparently has a one-year statute of limitations for Federal civil rights complaints, however I cannot find any precedent for what I'm trying to do and therefore the rules are unclear.
    I am the victim, and no lawyer will touch this.

  2. #2
    Join Date
    Feb 2008
    Posts
    575

    Default Re: How To Sue A Judge

    Quote Quoting xray
    View Post
    This is not going to be easy...no lawyer will touch this.
    Other than the obvious reason that it would tend to ruin their career , have any of the lawyers given a reason as to why they won't accept your case, and if so what was it?

  3. #3
    Join Date
    Feb 2008
    Posts
    14

    Default Re: How To Sue A Judge

    Lawyers will not even acknowledge an inquiry that shows an interest in attacking a judge. You're right, Buzzard, lawyers have too much invested in they're careers to destroy it all for one lousy case.
    I'm doing ok though, the complaint is prepared and looking good. I'll file it in a day or two, then have it served upon Judge Bad.
    If I could figure out the statute of limitations for section 1983 cases arising in California, I might take a little more time to prepare the complaint.
    As it is, one year expires Feb. 11, 2008, so to play it safe, I need to get everyone served by then.

  4. #4
    Join Date
    Feb 2008
    Posts
    575

    Default Re: How To Sue A Judge

    Good luck.

    I'm NOT a lawyer, but from what I've read there does not have to be a criminal conviction in order to sue a judge.

    My understanding as a layman(big caveat here) is that to prevail(and realistically, even to get past the various motions to dismiss) you'll have to have pretty overwhelming evidence: of the criminal act and the intent to commit that crime, not just judicial error or claimed bias in interpreting the legal issue that gave rise to your complaint; that the remedy you seek is proper; establish that the court you are suing in can apply that remedy; and that you have a reasonable chance of prevailing.

    The chances of getting a favorable ruling in a civil case against a judge seem slim to none if the basis for the complaint is that of a ruling(s) itself, either on law or procedure, within that court's/judge's jurisdictional authority, even if the subject ruling was later reversed on appeal.

    In virtually any court matter, someone suffers legal detriment or their rights are suspended, infringed, violated, etc by a judgement. But it occurs under due process, i.e. the courts. Generally, the only legal remedy is to appeal the ruling itself.

    Judicial immunity is a really tough nut to crack from what I've read.

    Good luck. Stop back and post how it all goes down. Very interesting situation.

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    73,023

    Default Re: How To Sue A Judge

    If you have a colorable case, and are willing to lay out $50K - $100K in legal fees, you should have no trouble finding a lawyer to take your case. However, I doubt that your case has even slight legal merit (no offense), and I would bet that you want your lawyer to bankroll the litigation.

    If the judge is being prosecuted, that's one thing. If that's just your way of characterizing the judge's ruling against you, it's just talk - and silly talk at that.

    So, tell us about this "crime".

  6. #6
    Join Date
    Feb 2008
    Posts
    14

    Default Re: How To Sue A Judge

    You guys can email me your address. I'll send you a copy of my complaint.
    I filed it today, in pro per, for $350.00. I certainly would not plop down that much money if I didn't think I would have some fun with this.
    It's only 3 pages, double spaced, easy to read, and it shows a clear cause of action for prevailing in a section 1983 case.
    The transcribed audio tape supports my allegations fully.
    I don't resent your skepticism, but I think you'll see this differently after you read the complaint. And I think the judge is in a little trouble.

  7. #7
    Join Date
    Feb 2008
    Posts
    575

    Default Re: How To Sue A Judge

    Hey, I hope you succeed if you've got a legitimate case. Nobody needs bad judges on the bench. I wasn't so much being skeptical as to your case itself (I was just speculating) as I was the chances of a court actually hearing it and not simply dismissing it sua sponte.

  8. #8
    Join Date
    Feb 2008
    Posts
    14

    Default Re: How To Sue A Judge

    Hi Mr. Buzzard:
    Here's the deal. The judge and the cop conspired to have the cop argue the People's case, to intimidate me from pursuing the matter beyond the trial court
    The cop practiced law without a license, and I suffered a deprivation of due process rights, under color of state law.
    It's a slam dunk section 1983 case. All the proof is on the audio tape.
    If you want to see it, I'll send it. Let me know. Ray.
    xray.1@cox.net

  9. #9
    Join Date
    Nov 2007
    Posts
    811

    Default Re: How To Sue A Judge

    Whatever happened to the days when it was easy to buy off a judge for a few thousand bucks?
    Now there is no way to leverage favor; the state owns the judge, the prosecutor, the public defender, the police officer, and thae jury.
    It's all aligned against you!

  10. #10
    Join Date
    Feb 2008
    Posts
    14

    Default Re: How To Sue A Judge

    You're right, branbutt. The State government officials protect one another. In my case the judge helped the witness practice law without a license, thus conspiring to violate Business and Professions Code section 6126 (a), a misdemeanor, as well as Penal Code section 182 (a)(1) for the conspiracy.
    However, the judge previously worked for the local District Attorney's Office, so that's a dead end, and the Senior Assistant Attorney General in this town told me the judge is "a good friend of mine!", so that didn't go anywhere either.
    The only hope is to get the matter before a Federal jury, or to have a case strong enough that the judge wants to settle.
    The complaint looks pretty good. I think I have a chance.

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