Legal Question in Constitutional Law in California
Suing a Judge
It is alleged a state court judge clearly denied a parents rights of due process in a custody proceeding, implicating a fundamental liberty interest.
Could there be an arguable basis for filing suit in federal court against the judge seeking declaratory relief only?
All other avenues of appeal were exhausted through the state supreme court, and these constitutional issues were preserved and raised on appeal.
From what I understand the immunity clause does not include some types of injunctive and declaratory relief. Only declaratory relief is not being pled here.
2 Answers from Attorneys
Re: Suing a Judge
You can't do this. The only way to get a federal court to review the decisions of a state-court judge in a civil case is to petition the U.S. Supreme Court after exhausting your options in the state courts.
The process you have in mind is roughly analogous to federal habeas corpus review of state-court criminal cases, but such review is not available in civil matters.
Re: Suing a Judge
It would be a lot easier to simply prepare & file a motion to vacate the earlier judgment...quicker too.
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