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  1. #1
    Join Date
    Sep 2009
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    3

    Default I Want To Sue a Judge

    My question involves civil rights in the State of: CALIFORNIA

    July 15, 2009 I did present the court with a MOTION TO VACATE A VOID CRIMINAL JUDGMENT. I asked if you had read the motion; you did not indicate that you had. Rather you responded, in what I have come to experience with you in all of our court room experiences -- an angry and demeaning manner – and with no due process, “It is untimely and I am incarcerating you!” I replied, “Void Judgments never die.[ Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194].” I was then shackled and taken off to county jail and incarcerated for forty-four [44] days. (On that very night in the jail I did almost die due to an overdose of medication given by the guards, and had to be transported to JFK Hospital where I was kept for four days.)

    Rulings made in violation of Due Process are void.

    August 12, 2009 an oral motion was made to reconsider Defendant’s motion and it was denied, again as “untimely.”

    Either JUDGE T. DOUGLASS, you do not know the law – incompetence, or, you ignored the law – unconscionable!

    CCP Section 473 permits a trial court, on noticed motion, to set aside void judgments and orders. Courts also possess inherent power to grant such relief. Reid v. Balter (1993) 14 Cal.App.4th 1186, 1194. A void act or judgment may be attacked in any forum, state or federal, where its validity may be drawn in issue. Pennoyer v. Neff, 95 U.S. 714 [24 L. Ed. 565 ] (1878).
    (Burns v. Municipal Court (1961) 195 Cal.App.2d 596, 599.) “The most important is jurisdiction of the subject matter. ‘No person can be punished for a public offense, except upon a legal conviction in a court having jurisdiction thereof.’ (P.C. 681.) In other words, the court in a criminal trial, like the court in a civil proceeding, must have jurisdiction of the subject matter” (4 Witkin & Epstein, Cal. Criminal Law (3d ed. 2000) Jurisdiction and Venue, § 1, p. 86, citing, inter alia, Burns v. Municipal Court, supra, 195 Cal.App.2d 596, 599.)

    When a judge does not follow the law, i.e., they are a trespasser of the law, the judge loses subject-matter jurisdiction and the judges’ orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974); Whenever a judge acts where he/she does not have jurisdiction to act, the judge is engaged in an act or acts of treason. U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980 ); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821); When judges act when they do not have jurisdiction to act, or they enforce a void order (an order issued by a judge without jurisdiction), they become trespassers of the law, and are engaged in treason The Court in Yates v. Village of Hoffman Estates, Illinois, 209 F.Supp. 757 (N.D. Ill. 1962)

    You have lost your immunity: When a judge does not follow the law, i.e. ,they are a trespasser of the law, the judge loses subject-matter jurisdiction and the judge’s orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S.Ct. 1683, 1687 (1974) stated that "when a state officer acts under a state law in a manner violative of the Federal Constitution, he "comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The State has no power to impart to him any immunity from responsibility to the supreme authority of the United States." [Emphasis supplied in original].

    I shall be writing a motion to have your ruling against me dismissed, and again presenting my Motion to Dismiss the Void Criminal Case in the near future.

    THEREFORE I am making this thirty [30] day demand for $150,000.
    Most sincerely,

  2. #2

    Default Re: I want To Sue a Judge

    Is there a QUESTION in there somewhere, or was this just for amuzement purposes?

    There's a process called appeal - that's the direction you need to be headed if you find flaw with the judicial process in your case. Making monetary demands of judges tends to end up with you behind bars.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: I want To Sue a Judge

    thanks for the story and best of luck to you. Did you hide a question in there somewhere?

  4. #4
    Join Date
    Sep 2009
    Posts
    3

    Default Re: I want To Sue a Judge

    WHY would I "end up behind bars???" -- if I sue him?

    The judge lost his immunity by not following the law, and denied me due process. You believe this is a "crime" to sue him???

    PLEASE!

    BTW: An Appeal has no bearing on a void judgment:
    An APPEAL will NOT prevent the court from at any time lopping off what has been termed a dead limb on the judicial tree -- a void order." MacMillan Petroleum Corp. v. Griffin (1950) 99 Cal. App. 2d 523, 533 [222 P.2d 69]; accord: People v. West Coast Shows, Inc. (1970) 10 Cal. App. 3d 462, 467 [89 Cal. Rptr. 290]; Svistunoff v. Svistunoff (1952) 108 Cal. App. 2d 638, 641-642 [239 P.2d 650]; and see: 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 7, pp. 4024-4025.)

    Quote Quoting jk
    View Post
    thanks for the story and best of luck to you. Did you hide a question in there somewhere?
    A QUESTION: Where do I find a template for the motion to sue in Federal Court?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: I want To Sue a Judge

    =sharonstep;352823]WHY would I "end up behind bars???" -- if I sue him?

    The judge lost his immunity by not following the law, and denied me due process. You believe this is a "crime" to sue him???

    : 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 7, pp. 4024-4025.)[/U]
    but by making the demand, you have already appointed yourself judge and jury.

    While you can sue him if you want (or you can try) simply demanding money for what you believe to be a wrong against you will not be received well.


    A QUESTION: Where do I find a template for the motion to sue in Federal Court?
    I do not know if the government requires a specific form to be adhered to but here is an private company that may be what you seek.

    http://www.scribd.com/doc/15610412/T...ederal-Lawsuit

  6. #6
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: I want To Sue a Judge

    Quote Quoting sharonstep
    View Post
    WHY would I "end up behind bars???" -- if I sue him?

    The judge lost his immunity by not following the law, and denied me due process. You believe this is a "crime" to sue him???

    PLEASE!

    Your citation of Scheuer v. Rhodes has no relation here. It is a case appeal from the Kent State killings in 1970, and concerns "Qualified Immunity" of a state officer/Governor Rhodes.

    JUDICIAL IMMUNITY is a big legal step above QI. Except in the very rarest of cases can you sue a Judge in his personal capacity, very similar to Prosecutorial Immunity. You need to research JI.

    It's not a jailable offense though.


    A QUESTION: Where do I find a template for the motion to sue in Federal Court?
    Many Federal District courts have "forms" on thier web pagses now, as a so called standard form, (Caption, heading, etc.) but I can assue you if you even attempt to sue a judge, you had better consult a lawyer first, and you can bet s/he will say you have no case.

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