Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: antiRepublicrat
Normally you can't even sue a judge for anything he does under the judicial position even in proven cases of gross negligence and abuse of power. The Supreme Court over the years has always pushed towards this absolute immunity despite any laws Congress has passed (they simply re-interpreted the laws restricting immunity to mean the restriction doesn't apply to judges).

Dennis v. Sparks is an excellent case regarding this subject.

Judges cannot be sued for acts related to judicial functions associated with a courtroom, no matter how corrupt. On the other hand, they can be sued in their individual capacities for administrative decisions not specifically linked to a court case. Sexual harassment of court personnel is one obvious example.

But this is so egregious they might allow it.

It's not going to happen. The liability of various government agencies will depend on whether any of their employees knew or should have know what was going on.

15 posted on 02/17/2009 9:59:35 AM PST by SeaHawkFan
[ Post Reply | Private Reply | To 14 | View Replies ]


To: SeaHawkFan
It's not going to happen.

There's a lot more precedent than that for judicial immunity when they act within their jurisdiction, but there are chinks in the armor. Big cases like this are ones that change precedent. Personally, I'm against being able to sue judges in normal circumstances because it would ruin the judiciary with meaningless suits whenever someone doesn't like a judgment. If a judge is wrong, misinformed, or just plain inept, it shouldn't be cause for a suit.

But here, with convictions and manifest harm done due to illegal acts in the performance of their jobs, immunity should not survive. Actually, that should probably be the bar -- upon conviction for an illegal act, or upon ruling by the judicial ethics board that serious ethical rules were broken. One should be able to sue if such unethical or illegal acts could reasonably be said to have influenced the a judge's decisions.

16 posted on 02/17/2009 12:23:26 PM PST by antiRepublicrat ("I am a firm believer that there are not two sides to every issue..." -- Arianna Huffington)
[ Post Reply | Private Reply | To 15 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson