hello in this session we'll discuss how to sue judges magistrate clerks and commissioners things you need to know as always in the child support system there are officers of the court that are covered by what is called judicial immunity if you want to sue any of these officers judges you have to overcome judicial immunity now in this session we will review two lawsuits uh one of which is done by uh what's called mr leon cazoul but the real underlying case is called parent versus new york and another one by bullock and we will review these to determine the outcomes in terms of when you sue the agency now in order to sue officers the court and judges you have to do what is called 42 usc 1983 and we'll talk more details about that and you can file a lawsuit either in state or federal court so what is judicial immunity well there are two types of immune judicial immunities absolute immunity or qualified immunity absolute immunity is where a judge who's been confirmed for life you cannot remove them or cannot file a lawsuit against them and qualified immunity have certain criterias now in order to sue an officer of the court you only two criterias and that is one they must deprive you of a certain right secured by the constitution or laws federal or state as well as the defendant must be acting in under the color of law yes under the color of state law so here's a short quiz a bankruptcy judge was created by the act of 1978 called the bankruptcy laws and a bankruptcy judge is appointed for 14-year terms so here's the question is a bankruptcy judge covered by absolute immunity or qualified immunity the answer is they're covered by qualified immunity not absolute immunity because a bankruptcy judge is not an article 3 judge hello my name is chris and in this session we're going to talk about what are the techniques you should know if you were to sue judges magistrates and clerk in the child support program and how to protect your rights as always we cover our non-lawyer maxim we're going to get a little bit more details as to the laws itself and so here's the disclaimer okay no state shall convert a liberty into a license or charge or fee thereof as well as the practice of law cannot be licensed by state as we review these cases preview it as we're going to teach and show you what needs to be done in other words we're providing education also we asked for your support of this channel we bring you many videos and we ask for a small donation uh whether it's via paypal or a cash app at any amount will will be enough for us at this point we'd like to thank all of you who've listened to us on our podcast yes the child support made simple also available on podcast spotify amazon apple any of your favorite podcasts if you haven't had an opportunity to see a video on our our channel called father file the lawsuit and one uh you can check that video out as well it goes along with what we're going to be discussing this this episode so let's start off with first filing a lawsuit the code 28 u.s code 1654 and it reads in all courts united states parties may plead and conduct their own cases personally or by counsel by following the rules respectively and manage their cases yes you can file your lawsuit without an attorney again this is not an issue of whether you should have an attorney and not have an attorney but the code allows you to file your own 1983 case however the courts cannot force you to use an attorney the law says that even though it allows for you to have a right to have counsel the courts cannot force you to have counsel and that's the case law is state versus pendervale as well as moore versus state of michigan that is if you were to file a 1983 case the clerks and the justices cannot tell you well you need to have an attorney in order to do that again that is false we have a video called your right to access the court and win without an attorney feel free to check that one out as well so let's continue title 42 u.s code 1983 this is the statute that's used against government officials and judges and clerks to sue them for deprivation of your rights and the first part of it reads is every person who's under the color of any statute ordinance regulations are subject to the citizens of the united states if you deprive them of your rights the second piece of the code is in any lawsuit brought by a plaintiff must prove that she has been deprived of a right secured by the constitution and the laws those are the two things and the defendants which are the judges and clerks and must be acting under the color of state law so we have a template called the color of law it's also another video you can check out as well for more as to what the color of law is so let's look into this more many people on in the media says well if you're going to sue a judge or any one of the officers of the court or law enforcement you have to bring a federal 1983 case that is not true and we've said this on this channel over and over again justice stephen delivered the opinion of the court it says that the federal system of government our federal system state as well as federal courts have jurisdiction over suits brought by 42 usc 1983. that is it i've heard uh news that says well you should have brought your case in state court you should have brought it it doesn't matter it's the 1983 it's the it's the process that is more important not what not the venue and so in this case keith versus haywood they discussed that option so what is important when you bring a 1983 case it's jurisdiction and venue that is the courts must have jurisdiction which is either state or federal uh to hear the matter as well as the venue and that is called standing as long as you have standing you can bring a lawsuit now what about the cost again legal legal strategies are not inexpensive however there's one remedy you can file for what is called a poor person status that is the court grants you what is called a former papyrus it's a statute it's a status that says if you're unable to pay the fees of the court then you can apply and have those fees waived and that is 28 usc 1915 section a1 and so it's an application that you put in when you file your lawsuit again they can accept or deny that or grant that so let's look at for this video this presentation we're going to review two case laws there's many but these two are what we call presidential they they set the premise for lawsuits now this one's called parent versus the state of new york uh and in this one in this episode in this lawsuit they sued everyone they sued the judges the clerks uh the the lawyers everyone was sued and this highlight why we want to review this case is that by the way they did not win this case but the reason why i use this is that this points to what you need the elements you need for your court case it's like anything else correct if you learn what not to do then you end up learning what you should do in that lawsuit they talk about what's called a private individual liability and it says this a private individual may be subject to a 1983 liability if she if he or she willfully collaborate with an official state actor and to provide deprive you of federal right and there's an agreement between the state actor and the private party the reason why i like this section is this applies to your employer let's take a couple of minutes and talk about this you can sue your employer under a 1983 because why they have agreements with the child support agency in the courts to deprive you of your hard-earned income and the case law one of them is is cambrello versus county of new york and wars versus city of new york so you can sue now i'm not saying that you should go out and start suing your employer because there's an income withholding order there's better ways to do it however if you were terminated as a result of your inquiry regarding your income withholding order well this is a remedy for you and we'll talk more about your employer as it relates to child support so here's the statute 45 cfr 303.100 this is where the state child support agency is allowed to what is called issue income withholding orders and this you can apply as we said a right to sue them under 1983. in this other scenario you can use the case law luger versus edmondson we did a video called the five lawsuits in which we cover the different state actors you can sue for your child support case when you are deprived of your rights we point out that the employer falls under that so you can review the remaining categories in which to bring a lawsuit against state officers so now let's look at the bullet case again this is northern district and it's sandily bullock versus the commissioner and the agency particular case focuses on bring a lawsuit against the county so let's talk about this for a second okay you can sue judges commissioners clerk but also can you sue the county and the state well in this lawsuit they did that they sue both the county defendants as well as the the county itself and they use part of the 1983 law called monnell versus the city department of new york and they call that the monel case and they use a specific stat a specific case law called ex parte young now you can review that it's a little small on the screen but that's okay this we're bringing you to understand so you can sue the county under that statute so let's talk about now that we know that we can sue judges clerks and the counties and county employees well how do you do that now let's look at what is required in your lawsuit in the writing of your lawsuit and drafting of a lawsuit this of course is educational uh you can review what are the elements of a lawsuit so let's review what is called federal rule eight this is very important it states here that a complaint shall contain short plain statement of a claim showing that the pleader which is the plaintiff is entitled to relief under this procedure why is this important i've talked to many people about they want to file a lawsuit against a judge or a magistrate but then when i ask them can you explain what happened when it happened and who did it to you many people say well i'm not sure see this is a requirement you cannot just create what is called blanketed statements under rule eight also second you need to demand relief what is it you're asking in your lawsuit you can't just say well i just want to sue and you know i just want to hurt them that's not going to work you need a specific relief okay now generally under rule 8 if you were to let's say file a lawsuit and it's missing the key elements within the rule eight you are allowed at least one amendment and the case law that follows the rules of of uh civil procedure eight is hudson versus r2s the next rule that your lawsuit should have is called procedural rule 10. it requires a plaintiff in the complaint to have numbered paragraph which should recite as practical and identify a single circumstance yes that is you cannot write any lawsuit well i came to court and the judge just violated my rights the whole time i was in the room that is not sufficient for your lawsuit and if you have that as you're writing a lawsuit you need to break it down what it's called single set of circumstances and you can give plenty example of that such as uh i asked for a motion uh to con to continue the case and the judge denied that motion again specific now unfortunately under rule 10 if the court feels that you have not detailed your grievances in the lawsuit the court has the authority what is called suspente to dismiss your complaint or strike that part of the complaint for redundancy or it's immaterial many of the lawsuits that in my opinion that many men who filed and have been denied is under rule 10. many thinks that well it's because you filed in federal court as opposed to state court it's far from the truth it has to do with this section rule 10. you have to pay attention to rule 10 you must have a clear specific incident and it must be recited in the simplest term possible so next we're at this level we have the judicial immunity that you have to overcome while you're filing your lawsuit and you have to defeat what is called motion to dismiss the defendants which are the judges commissioners will use what is called motion to dismiss now at this part of the video i'm going to appeal to the audience and all of our subscribers and thanks for subscribing i will continue the rest of discussion about lawsuit but i'm asking for a major cooperation from you i'm asking to subscribe to the channel and i want to get the subscription up yes i am plugging this information this is important there are 13 million child support cases that are active in 2020 2019 that was the last time they compiled the data the channel i want everyone to have this information so i'm putting it out there increase the subscribership and script increase the likes whether it's on the podcast or on this youtube channel and i will continue discussing the rest of this in a section part two now many are gonna see many of you going to say oh he's just trying to to get views and he just wanna you know blow up the channel the answer is yes because this is important information many of you out there many men who are on child support you are suffering underneath the increase in income withholding as well as they are taking half of your paycheck if all it takes is for you to subscribe whether you like or dislike my channel is just subscribe to the channel where i can continue the rest of this discussion that this may help in some way to provide your remedy then this is what i'm asking for also uh feel free to support this channel uh i accept donations uh whether via paypal or cash app and as a reminder we also have this on podcast as well so i repeat that i'm looking for you know increase our subscribership as you know there's the maximum law that says ignorance of the law is not a defense and that case law is state versus miller that is if you're attempting to sue judges and magistrate you have to know the rules and the law and this brings us to the end and thank you for joining us you