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No, a judge cannot be sued. A case could possibly be brought against the state, but this is usually a situation where you appeal with these claims.
Other Contributor OpinionsThe grounds for suit against a presiding judge in which a party (parties) believe their Constitutional and/or civil rights have been violated are referred to as "declaratory relief" or "injunctive relief". Both matters are complicated and should be discussed with an attorney who is qualified in federal and/or state Constitutional law.
The comment above stating a judge cannot be sued is not exactly accurate. There are a narrow set of circumstances in which a judge can be sued. I'm not well versed in that area of law but I am aware of a local judge being sued for decisions he made from the bench and a negotiated settlement was reached. As I recall it had something to do with the judges ruling violated the person's civil rights.
What else can I help you with?
Can you sue a state for constitutional violations?
Yes, individuals can sue a state for constitutional violations under certain circumstances. This can be done through a legal process known as a lawsuit or a civil rights action.
How do you file for violations of constitutional rights?
To file for violations of constitutional rights, individuals typically need to initiate a civil lawsuit, often under Section 1983 of the U.S. Code, which allows for suits against state officials for constitutional violations. This process usually involves gathering evidence, drafting a complaint that outlines the violations and the relief sought, and filing it in the appropriate federal or state court. It's often advisable to consult with an attorney experienced in civil rights law to navigate the complexities of the legal system and ensure proper procedures are followed.
What are the rights of all people to be treated equally under the law called?
Civil rights.
Can a county or police department be sued in federal court?
Yes. Law enforcement agencies are routinely sued in federal court for civil rights violations under Section 1983 of the U.S. Code.
When was Lawyers' Committee for Civil Rights Under Law created?
Lawyers' Committee for Civil Rights Under Law was created in 1963.
What events in American history would be considered violations of modern civil rights?
If the history of the United States begins when the thirteen colonies became states under the US Constitution, then two major sets of activities concerning the USA would today be considered human rights violations. Using "major" as the criteria, and using USA as the place, of these violations, three main violations can be identified. 1. slavery 2. violations of treaties made with Native Americans and human rights violations made against Natives where no treaties were involved, and 3. Denying women the right to vote. In some counties women still are denied the right to vote.
Under Augusto Pinochet Chile gianed a reputation in the 1970 and 1980 for what?
Human Rights violations
Could the king act as the judge under the English bill of rights?
Certainly not. It was more-or-less the beginning of the Establishment, with Parliament overseeing the Judiciary, and the Civil Service organising it.
The Truth and Reconciliation Commission was charged with?
Uncovering past allegations of human rights violations committed by the former government under apartheid in South Africa (1948-1994).
Are gay rights civil rights?
Yes, they are absolutely a civil rights issue. All people should be treated equally under the law.
Did the blacks get served in civil rights movement?
yes it did. the blacsk got civil rights under Abe Lincoln
Is a civil suit brought against federal government officials for denying the constitutional rights to life liberty or property without due process of law?
Yes, a civil suit can be brought against federal government officials for violating constitutional rights under Section 1983 of the Civil Rights Act, which allows individuals to seek damages for civil rights violations, although it typically applies to state officials. For federal officials, claims may be brought under Bivens v. Six Unknown Named Agents, which establishes a right to sue federal officials for constitutional violations. However, such suits can face significant legal challenges, including qualified immunity, which protects officials from liability unless they violated a clearly established constitutional right.
