"The man as he converses is the lover; silent, he is the husband." ~ Honore de Balzac

Sunday

A Father's Nightmare ~ Hold Judges Gone Wild Accountable!!


Ju

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?

Don't let them get away with it!

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:

declaratory relief - (rulings by another judge in the form of opinions establishing the constitutionality or lack of constitutionality of another judges actions.) 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. Your caption should appear like this:
United States District Court
District of (State)
Civil Docket No. _______
John Doe,
Plaintiff
vs. VERIFIED COMPLAINT
Bobby Roe,
individually and in his/her official capacity as Justice of the Superior Court ) of [*****] County,
Defendant

A couple of spaces below, you must begin to spell out your reasons for bringing your complaint to Court. Make an outline of your case. First, state your "Jurisdictional Basis" in Paragraph I. I usually write as follows:

JURISDICTIONAL BASIS

I. Plaintiff claims federal jurisdiction pursuant to Article III § 2 which extends the jurisdiction to cases arising under the U.S. Constitution. Next you should write Paragraph II stating the precise Statutory Authority why you brought the case. If you are suing a state judge, you will state:

II. Plaintiff brings this suit pursuant to Title 42 U.S. Code § 1983 for violations of certain protections guaranteed to him by the First, Fifth, Eighth, Ninth and Fourteenth Amendments (select which apply) of the federal Constitution, by the defendant under color of law in his/her capacity as a judge in the Superior Court of (****) County.

If you are suing a federal judge, state:
"Plaintiff brings this action against (name), a federal judicial officer, pursuant to Title 28 U.S. Code § 1331, in claims arising from violations of federal constitutional rights guaranteed in the (fill in) amendments to the U.S. Constitution and redressable pursuant to Bivens v. Six Unknown Narcotics Agents 403 U.S. 388 (1971)."

Be aware that the issue of whether federal judicial officers can in fact be sued under this authority is unresolved, but my opinion is that there is a strong implication in the affirmative based on the language in many cases.
Your complaint should then have a section entitled "Parties". The next two paragraphs would read:

III. Plaintiff (Your name) is a natural person residing at (Your address), (County), (State).

IV. Defendant is a Judge presiding at (fill in.)
Following this you must now describe your claim in detail, giving legal and factual basis for your case. This portion of the case is entitled "Statement of Case"

What kind of factual pattern would give rise to a successful claim under the federal civil rights law? Title 42 U.S. Code § 1983 reads as follows:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

The burden of proof is upon the plaintiff to show that the defendant judge acted unconstitutionally or outside of his/her jurisdiction. If the judge engaged in an egregious discrimination against males in a divorce court, minorities in state criminal cases, members of an unpopular religious group in confrontation with government authorities and treated suspiciously in court or members of a "fringe" political group, these situations can give rise to a claim of denial of equal protection under the Fourteenth Amendment.

If a judge permits an ex parte attachment, i.e. seizure of real estate without giving you notice of a hearing in a state court proceeding, this is a deprivation of property without due process, violating the Fifth Amendment as well as the Fourteenth Amendment.

Ex parte restraining orders forcing men or women out of their homes based on abuse allegations in state courts are a primary and rampant example of violations of constitutional rights today, and certainly actionable in federal court.

The first ten amendments of the Bill of Rights are self explanatory. Violations of any of the rights described in these amendments give rise to causes of action, both against state judges under Title 42 U.S.C. § 1983 and arguably against federal judges in Bivens actions.

Pro se litigants should give a clear and concise description of what happened in chronological order, identifying the judge, the date, time, and place of his or her action, and specifying which acts violated which constitutional amendments.

The complaint finishes with a section entitled "Prayer for Relief." In such a case you can ask for an injunction ordering another judge to so something, or to refrain from doing something. Successful use of these suits has been made to nullify attachments, end incarcerations, declare laws or court practices unconstitutional and scare the heck out of black robed tyrants with gavels. See Pulliam v. Allen, 466 U.S. 522 (1983).

I often phrase my prayers for relief as follows:
Wherefore plaintiff prays this Court issue equitable relief as follows:
1. Issue injunctive relief commanding defendant to . . .
2. Issue declaratory relief as this Court deems appropriate just.
3. Issue other relief as this Court deems appropriate and just.
4. Award plaintiff his costs of litigation.
Respectfully submitted,
(Your signature)
Your name printed
Your address
City, State, Zip Code
Telephone No.
Statement of Verification
I have read the above complaint and it is correct to the best of my knowledge.
Your signature

Complaints are filed in the Civil Clerk's Office in the United States District Court for your district.

Federal rules now allow for service of process by certified mail. You will be required to serve the defendant judge and also your state attorney general if you are suing a state judge.

The pro se road will be easier if you study the Federal Rules of Civil Procedure, obtain a Black's Law Dictionary and familiarize yourself with legal research methods. You must also read the Local Rules of the Federal Court where you are suing, and learn Constitutional law fast.

Using a lawyer as a coach is helpful. Bear in mind that your lawsuit is disfavored because it is against a judge. Nevertheless, our system of "justice" is in such tough shape that suits against judges are a socio-political necessity.

Complaints should be photocopied, disseminated to the legislature, the media and political action groups.

Perhaps the cumulative impact of these suits will bring a healthy radical change for the American people.

How to sue a judge without using a lawyer and judicial immunity information
CAUGHT.NET|BY AUTHORS ARE PEOPLE THAT HAVE EXPERIENCED ATTORNEY, JUDICIAL AND PROSECUTORIAL MISCONDUCT.

1 comment:

  1. HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?

    What is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?

    Well, reader, you can spend your time from now until eternity researching the literature, and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."

    This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!

    Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.

    Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.

    Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?

    ReplyDelete

Why say NO to attorneys in the Legislature?

Why say NO to attorneys in the Legislature?
THE LARGEST CLASS ACTION IN HISTORY

Check it out!

Facebook.com/AmericanFathers

Causes.com/causes/804504-American-Fathers-4Change

"So live your life that the fear of death can never enter your heart. Trouble no one about their religion; respect others in their view, and demand that they respect yours. Love your life, perfect your life, beautify all things in your life. Seek to make your life long and its purpose in the service of your people. Prepare a noble death song for the day when you go over the great divide. Always give a word or a sign of salute when meeting or passing a friend, even a stranger, when in a lonely place. Show respect to all people and grovel to none. When you arise in the morning give thanks for the food and for the joy of living. If you see no reason for giving thanks, the fault lies only in yourself. Abuse no one and no thing, for abuse turns the wise ones to fools and robs the spirit of its vision. When it comes your time to die, be not like those whose hearts are filled with fear of death, so that when their time comes they weep and pray for a little more time to live their lives over again in a different way. Sing your death song and die like a hero going home." (Tecumseh).

American Fathers Liberation: ALL Men’s Rights are Human Rights. ’nuff said http://bit.ly/1JgMgEm

Posted by American Fathers Liberation Army on Tuesday, August 18, 2015

Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.

Labels

Abuse Administration for Children and Families Adversarial process Adversarial system Alimony American Association for Marriage and Family Therapy American Bar Association American Civil Liberties Union American Psychiatric Association Asbury Park Bad Judges Bad Lawyers Best interests Bill (law) Blogger (service) Broward County Carver County Chief judge Chief Justice John Marshall Child Child abuse Child and family services Child custody Child development Child protection Child Protective Services Child Support Child Support Agency Children Children's rights Circuit court Civil and political rights Civil Rights Class action Closed-circuit television camera Communications Decency Act Constitutional right Contact (law) Contempt of court Coparenting Court Contact Denial Court Corruption Court order Dads Daughters Declaratory judgment Diagnostic and Statistical Manual of Mental Disorders Divorce Domestic Disturbance Domestic Violence Due process Elections 2016 Equal opportunity Equal Protection Clause Equal Rights Amendment Equal Shared Parenting Erin Pizzey Event Facebook Facebook Page False accusation False Allegations of DV Falsifiability Family (biology) Family court Family Court Contact Denial Family law Family Law Reform Family therapy Father fatherhood Fathers Fathers 4 Justice Fathers' Rights Fathers' rights movement Fathers4Justice Federal Bureau of Investigation Federal Trade Commission Feminism Florida Florida Attorney General Florida Circuit Courts Florida Department of Children and Families Florida Department of Health florida lawyers Florida Senate Foster care Fourteenth Amendment to the United States Constitution Fraud Fundamental rights Gender equality Good Family Law Lawyers Good Judge Government And Politics Healthy Children Human rights Human Rights And Civil Liberties Joaquin Sapien Joint Custody Joint custody (United States) Judge Judge Judy Judicial Accountability Judicial misconduct Judicial Reform Judiciary Law Law And Order Lawyer Legal abuse Legal Abuse Trauma Legal Abuse Trauma/Syndrome Legal Proceedings liberty and the pursuit of happiness Life Linda Gottlieb Mark Castillo Marriage Men's rights movement Mental disorder Miami Miami-Dade County Minnesota Mother Murder of Nubia Barahona National Fatherhood Initiative National Organization for Women Natural and legal rights New York City courts Non-Custodial Parent Non-governmental organization Noncustodial parent Pam Bondi Parent Parental Alienation Parental alienation syndrome Parental Rights Parenting Parenting Differences Parenting time Parents' rights movement Phyllis Schlafly Physical Custody Political Issues Posttraumatic stress disorder Pro se legal representation in the United States Pushing for reform in the equality between men's and women's rights Pushing for reform in the equality between men's and women's rights. Race And Ethnicity Restraining order Richard A. Gardner Rick Scott Self Representation Separation Of Powers Shared parenting Single parent Social Affairs Social Issues South Florida State court (United States) Supreme Court of Florida Supreme Court of the United States The Florida Bar The Huffington Post The Kids Title IV Trial court Troxel v. Granville Turner v. Rogers United States United States Constitution United States Department of Justice Visitation Disputes

Freedom of speech in the United States

Freedom of speech in the United States
Congress shall make no law...

The BEST Parent is BOTH Parents!

Dads Matter - 2016 Family Law Reform

Parent and Child Contact Denial is Child Abuse

Civil Rights in Family Law

COURT ORDERED CHILD ABUSE

American Fathers

The “Best interest of the child” (BIOC) policy or doctrine is clearly unconstitutional.

Contact Denial is Child Abuse

South FL Family Law Reform

Follow Us on Pinterest

Contact Denial = Child Abuse