The Judicial Doctrine of Immunity:
“Immunity applies even when the judge is accused of acting maliciously and corruptly.” — United States Supreme Court
See Harlow v. Fitzgerald, 457 U.S. 800, 815-819 (1982) Pierson v. Ray, 386 U.S., at 554, Mireles v. Waco, 502 U.S. 9, 9-10, 112 S.Ct. 286, 287, 116 L.Ed.2d 9 (1991).
The following is an excerpt from an excellent post on how to sue a judge that I found on the web site http://caught.net/
By David C. Grossack, Constitutional Attorney
Common Law Copyright © 1994 All Rights Reserved
“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.”
For full post see: http://caught.net/prose/suejud.htm
Note that judges have absolute judicial immunity against suits for damages as long as they act as judges. If they have no subject-matter or personal jurisdiction however, you can sue them.
This is a rare instance as judges usually can find a way to prove they have either subject-matter or personal jurisdiction.
One instance, which I am presently testing in the courts is when a judge has absolutely no jurisdiction when a fraudulent charge in violation of the Supremacy Clause is brought against a person by a state prosecutor who is prosecuting without any legal or constitutional authority. This is presently before the Federal District Court of the Northern District of Illinois, Eastern Division – Case Number 06 C 4259.
Judges can be prosecuted in criminal courts by the local or federal prosecutor for criminal acts. Judicial immunity does not extend to criminal acts.
For an outstanding discussion of judicial misconduct during trials and judicial discipline see. http://caught.net/nwsltr/candef.htm
Also see my post on this web site concerning legally insufficient indictment.