You can’t sue judges, they have immunity, but you can…
…Yes, judges have absolute immunity from facing consequences for their judicial actions. A completely unaccountable bureaucrat is taking control of your child and he/she can’t be punished in any way even if they violate your rights willfully and knowingly.
Why bother suing them then, if they can’t be held accountable?
While you can’t hold them accountable you can force them to change their behavior. You cannot sue judges for financial damages and if you try your suit will be kicked out. However, you can absolutely sue your judge for declaratory and injunctive relief. This means you have a higher court declare that what the judge is doing violates a statute or constitutional provision and tell the judge not to do it again.
You can’t punish a judge for violating your rights but other judges can punish your judge for violating their orders. If your judge violates an injunction their orders can be declared void and the judge can be sanctioned and even jailed for contempt.
This is why we like using the state and federal Declaratory Judgement Acts. They allow you to have the judge’s actions declared unconstitutional and block them from continuing those acts. It would be much more satisfying to sue a judge for ten million dollars but the system is rigged against us doing that. Nevertheless, we are not without power to force change.
We make it easy for you and your attorney to use this powerful but underused tool to change the system not only for yourself but for others as well.
Go to the Motions page if you want to learn more about how you can get started.
Have more questions, contact us!
DISCLAIMER: We are not attorneys. This information is not a substitution for an attorney.