California Dui Lawyer
Q.Has a judge violated your constitutional rights? Have you been discriminated against by being treated differently than other people in similar situations by reason of race, religion, national origin, gender, sexual preference or political opinion? Have you lost certain rights without a meaningful hearing or even an opportunity to be heard? Have you been deprived of any other constitutional protection? Have you been subject to Court action for the purpose of intimidating you from exercising an opinion, or practicing your faith?
A.Although it is almost impossible to recover monetary damages from a judge (unless you can prove he or she acted ultra-vires beyond his or her legal jurisdiction) it is in fact possible to obtain relief in equity against a judge through civil rights actions. Equitable relief includes: a. declaratory relief - (rulings by another judge in the form of opinions establishing the constitutionality or lack of constitutionality of another judges actions.) b. injunctive relief - a command or order to do something or refrain from doing so. As a general rule, however, judges cannot be held liable for money damages for acts done in the exercise of his judicial function, within the limits of his jurisdiction, no matter how erroneous, illegal or malicious his acts may be. (48A Corpus Juris Secundum §86) A minority of decisions have held that if an inferior judge acts maliciously or corruptly he may incur liability. Kalb v. Luce, 291 N.W. 841, 234, WISC 509. Federal Civil Rights statutes, and possibly Bivens actions, appear to offer the best path for redressing constitutional grievances with state and federal judges, respectively, in Federal Court. As a practical matter, such cases will usually be brought by pro se litigants. Neither the politics nor economics of law practice permits lawyers to pursue such cases nor makes them affordable except to a small elite of citizens. However, lawyers who do successfully sue state judges in federal court in Title 42 U.S. Code § 1983 cases can recover attorney's fees from judicial defendants provided they can show time sheets kept contemporaneously with their work. The most important step you have to take in beginning your lawsuit is in writing the complaint that will be conforming to the Federal Rules of Civil Procedure (available in every Government Bookstore or from the Government Printing Office in Washington, DC.) Properly drafted complaints need not be prepared by a lawyer. All that is required is a very fundamental understanding of a few basic constitutional principles and a typewriter and paper. Handwritten complaints can also be filed in court. Each federal court publishes its own local rules which can impose some additional requirements, but essentially there are only a handful of things you need to know. 1. Each complaint has a caption reading "United States District Court, District of (name the jurisdiction e.g. Southern New York or Eastern California.) 2. Each complaint includes a caption indicating the name of the plaintiff, and the name of the defendant. The words "individually and in his official capacity" should appear after the name of the defendant judge. The words "Verified Complaint" should appear on the right side of the caption.
Other Questions :
Chinese Immigration Lawyer
Did the expected flood of I485 applications from Indian and Chinese nationals happen in Aug? Or were they all caught by surprise when their PDs became current and not have the necessary preparations completed? Anyone know the numbers? Do yo...
Accident Attorney Texas
Should i hire an attorney for my auto accident?The statute of limitations in New York for personal injury claims is 3 years. They guy is will within the time period. However, if you had insurance, your insurance company takes over handling the lawsui...
Drunk Driving Attorney
Looking for a good attorney to represent client on third DWI charge. Client is well established and does not want jail term. Lawyer tht can help ????I'm not familiar with CO law, but in many states with a 3rd DUI conviction the client will be...
How long can they sue?
My mother had an automobile accident ten years ago (in September)in the Los Angeles county area. Every couple of months, she gets a letter from a new lawyer stating that she is being sued (again)for that car accident. I thought someone can sue for a ...
Find A Lawyer Massachusetts
I need Help.I need a lawyer for a case in the Massachusetts federal court. I have a court appointed attorney but he is so overworked and doesn't want to do the job. he only wants me to plead guilty and move on to his next case How do I find a ...