Legal Question in Criminal Law in Wisconsin

Sueing State, Local, and judges

Can a person file an appeal and by winning that appeal sue the State and Local Governments as well as the Judge involved?


Asked on 2/27/08, 12:57 pm

1 Answer from Attorneys
Sean Sweeney Tosa Law Office

Re: Sueing State, Local, and judges

Generally speaking no you cannot. The 11th

amendment grants the State immunity from suit. There are certain exceptions to this. It is virtually impossible however to sue a Judge for things he does in his official capacity. There are a laundry list of people who are specifically found to be immune no matter what, such as state prosecutors and Judges.

If you can win your appeal great, but I highly doubt you will have any luck in suing for damages from anyone.

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Answered on 2/27/08, 1:05 pm


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