Can I sue the judge?
0September 8, 2013 by Tom Roberts, Esq.
Q. Can I sue the judge for damages?
A. No. The judge is absolutely immune from a claim for damages arising out of his judicial actions. Yes, if he acts in an area where he has no subject matter jurisdiction.
If the judge acts in an area where he has subject matter jurisdiction, even if he exceeds his authority, he has absolute immunity from a claim for damages arising out of his judicial actions. Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 20 L.Ed. 646 (1972); Stump v. Sparkman 435 U.S. 349, 55 L.Ed. 2d 331, 98 S.Ct. 1099 (1978).
There is no immunity if the judge undertakes to act in an area where he has no subject matter jurisdiction, Chu v. Griffith, 771 F2d 79 (1985), but it is immaterial that his challenged judicial act may have been unauthorized by the laws which govern his conduct. If he exceeds his authority, his action is subject to correction on appeal or other authorized review, but it does not expose him to a claim for damages in a private action by you.
Disclaimer
The materials are prepared for information purposes only. The materials are not legal advice. You should not act upon the information without seeking the advice of an attorney. Nothing herein creates an attorney-client relationship.
Thomas H. Roberts, Esq.
Thomas H. Roberts & Associates, P.C.
105 S 1st Street
Richmond, Virginia 23219
(804) 783-2000
(804) 783-2105 fax
Category Civil Rights, General | Tags: absolute immunity of judge, judge exceeded authority, judicial immunity, sue the judge, suit against the judge
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