Legal Question in Federal Tort Claims in Massachusetts
Can I sue MA District Court Judges in Federal court?
Case involves a 209A order issued and its extensions.
1) D was denied access to a lawyer at the initial 209A hearing.
2) D stated to the judge that he wanted to go/leave and seek counsel.
3) The judge forced the D to remain and represent himself at the 209A hearing.
4) Then the judge ruled against D and issues the 209a order.
5) Then the Judge falsely informed the D that he had no right to appeal her decision to issue a 209A. The judge lied to the defendant in open court when he asked in open court how he could appeal her decision?
5) Sequently upon leaving the court room, D steps out into the hallway where a bailiff manhandles/batters and drags D toward the stairs.
6) D files 5-6 motions contesting the initial 209A and it's extensions. The court never even responded to the motions filed or even acknowledged their reciept.
7) The D sent every thing via certified mail.
8) This court apparently wanted to circumvent the D's right to counsel, right to appeal and due process rights.
9) D is/was a citizen of another state.
The D wants to sue the MA District court , the bailiff and others in federal court.
1 Answer from Attorneys
Re: Can I sue MA District Court Judges in Federal court?
The anser to the big question would be no. Judges often have absolute immunity against damages claims for their actions.
A due process claim to question the constitutionality of the process is another deal. However, you must realize that it seems, and I do not know anything about Massachusets law, that this is a domestic violence statute and these orders tend to be temporary and perentory.
Good luck.
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