How to Sue Judges, Magistrates, Clerks, and Commissioners

Introduction

• Discusses key points of suing officers of the court in the child support system.
• Focus on understanding judicial immunity and how to overcome it.
• Review of two lawsuits: Parent vs. New York, and Bullock.

Judicial Immunity

• Types of Judicial Immunity
  • Absolute Immunity: Judges confirmed for life cannot be sued.
  • Qualified Immunity: Certain criteria must be met to sue.
• Criteria for suing:
  • Violation of a constitutional or legal right.
  • Defendant acting "under the color of state law."

Legal Foundations

• 42 U.S.C. 1983: Used to file a lawsuit against government officials, judges, clerks.
• 28 U.S. Code 1654: Allows individuals to plead their own cases without an attorney.
• Case law examples:
  • State vs. Pendervale, Moore vs. State of Michigan.

Filing a 1983 Lawsuit

• Not limited to federal courts, can be filed in state courts as well.
• Importance of jurisdiction and venue (standing).
• Poor Person Status: 28 USC 1915 Section A1 allows fee waivers for those unable to pay.

Case Studies

Parent vs. State of New York

• Lawsuit included judges, clerks, lawyers.
• Highlight on private individual liability under 1983.
• Employers can be sued for collaborating with courts to deprive income.
• Case law: Cambrello vs. County of New York, Wars vs. City of New York.

Bullock Case

• Focus on suing county and state.
• Monell vs. City Department of New York: Basis for suing counties.
• Ex Parte Young: Legal framework for the case.

Writing a Lawsuit

• Federal Rule 8: Short, plain statement showing entitlement to relief.
  • Specific, clear incident description required.
• Procedural Rule 10: Numbered paragraphs for each specific grievance.
  • Courts can dismiss complaints that lack sufficient detail.

Overcoming Judicial Immunity & Motion to Dismiss

• Importance of clear, detailed complaints to defend against dismissal motions.

Conclusion

• Importance of understanding legal rules and procedures when suing court officials.
• Encouragement to support and subscribe to the channel for further information and discussions on legal remedies related to child support.
• Reminder: "Ignorance of the law is no defense" (State vs. Miller).