Legal Question in Appeals and Writs in California
Judicial Immunity
In a parental rights case that asserts due process violations, petitions to hear an appeal are denied by state and US Supreme Courts. In this case, a state court of appeals rubberstamped the trial court in a manner that clearly violated rules of appellate procedure, its own precedent, and recent state supreme court mandates on sufficiency of the evidence reviews.
Could a legally sound argument be made for pursuing a class action lawsuit in federal court against a state court of appeals and trial court seeking declaratory/injunctive relief on parents Fourteenth Amendment rights of due process in child custody proceedings? This suit would not seek damages or to modify judgment.
Given the judiciary is an arm of the state, can the state be named as a party to such a suit?
1 Answer from Attorneys
Re: Judicial Immunity
No. The federal courts will not tell state courts how to interpret state laws (unless the state courts happen to be in Florida and the 2000 presidential election hangs in the balance).
It is also not clear to me that you would have standing if you are not seeking any relief. Making the case a class action would not remedy this problem since none of the class members would obtain any relief. I have not researched this issue, though, and you might indeed have standing to bring such a case.
There have been a number of LawGuru questions over the past several months asking about ways to mount a federal challenge to what the user considered an unjust result in a child custody case. The same person has probably posted all of them.
I'm sorry you are so upset with the outcome of your case. I presume that you are right and the decisions about which you complain were wrong. Even so, at some point a case comes to an end and nothing more can be done about it. It sounds like you reached that point in your case long ago. You probably should devote your energies to coping with the decision rather than tilting at windmills as you have been doing.
I'm sorry I can't be more encouraging.
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