Fight Corrupted Family Courts and CPS

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How to Sue a Judge

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How to Sue a Judge

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.

Federal Civil Rights statutes, and possibly Bivens actions, appear to offer the best path for redressing constitutional grievances with state and federal judges, respectively, in Federal Court. As a practical matter, such cases will usually be brought by pro se litigants. Neither the politics nor economics of law practice permits lawyers to pursue such cases nor makes them affordable except to a small elite of citizens.

However, lawyers who do successfully sue state judges in federal court in Title 42 U.S. Code § 1983 cases can recover attorney’s fees from judicial defendants provided they can show time sheets kept contemporaneously with their work.

The most important step you have to take in beginning your lawsuit is in writing the complaint that will be conforming to the Federal Rules of Civil Procedure (available in every Government Bookstore or from the Government Printing Office in Washington, DC.)

Properly drafted complaints need not be prepared by a lawyer. All that is required is a very fundamental understanding of a few basic constitutional principles and a typewriter and paper. Handwritten complaints can also be filed in court.

Each federal court publishes its own local rules which can impose some additional requirements, but essentially there are only a handful of things you need to know. 1. Each complaint has a caption reading “United States District Court, District of (name the jurisdiction e.g. Southern New York or Eastern California.) 2. Each complaint includes a caption indicating the name of the plaintiff, and the name of the defendant. The words “individually and in his official capacity” should appear after the name of the defendant judge. The words “Verified Complaint” should appear on the right side of the caption. Your caption should appear like this:

United States District CourtDistrict of (State)Civil Docket No. _______

John Doe,Plaintiffvs.                                                      VERIFIED COMPLAINTBobby Roe,individually and in his/her official capacity as Justice of the Superior Court ) of [*****] County,Defendant

A couple of spaces below, you must begin to spell out your reasons for bringing your complaint to Court. Make an outline of your case. First, state your “Jurisdictional Basis” in Paragraph I. I usually write as follows:

JURISDICTIONAL BASIS

I. Plaintiff claims federal jurisdiction pursuant to Article III § 2 which extends the jurisdiction to cases arising under the U.S. Constitution. Next you should write Paragraph II stating the precise Statutory Authority why you brought the case. If you are suing a state judge, you will state:

II. Plaintiff brings this suit pursuant to Title 42 U.S. Code § 1983 for violations of certain protections guaranteed to him by the First, Fifth, Eighth, Ninth and Fourteenth Amendments (select which apply) of the federal Constitution, by the defendant under color of law in his/her capacity as a judge in the Superior Court of (****) County.

If you are suing a federal judge, state:

“Plaintiff brings this action against (name), a federal judicial officer, pursuant to Title 28 U.S. Code § 1331, in claims arising from violations of federal constitutional rights guaranteed in the (fill in) amendments to the U.S. Constitution and redressable pursuant to Bivens v. Six Unknown Narcotics Agents 403 U.S. 388 (1971).”

Be aware that the issue of whether federal judicial officers can in fact be sued under this authority is unresolved, but my opinion is that there is a strong implication in the affirmative based on the language in many cases.

Your complaint should then have a section entitled “Parties”. The next two paragraphs would read:

III.  Plaintiff (Your name) is a natural person residing at (Your address), (County), (State).

IV.  Defendant is a Judge presiding at (fill in.)

Following this you must now describe your claim in detail, giving legal and factual basis for your case. This portion of the case is entitled “Statement of Case”

What kind of factual pattern would give rise to a successful claim under the federal civil rights law? Title 42 U.S. Code § 1983 reads as follows:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

The burden of proof is upon the plaintiff to show that the defendant judge acted unconstitutionally or outside of his/her jurisdiction. If the judge engaged in an egregious discrimination against males in a divorce court, minorities in state criminal cases, members of an unpopular religious group in confrontation with government authorities and treated suspiciously in court or members of a “fringe” political group, these situations can give rise to a claim of denial of equal protection under the Fourteenth Amendment.

If a judge permits an ex parte attachment, i.e. seizure of real estate without giving you notice of a hearing in a state court proceeding, this is a deprivation of property without due process, violating the Fifth Amendment as well as the Fourteenth Amendment.

Ex parte restraining orders forcing men or women out of their homes based on abuse allegations in state courts are a primary and rampant example of violations of constitutional rights today, and certainly actionable in federal court.

The first ten amendments of the Bill of Rights are self explanatory. Violations of any of the rights described in these amendments give rise to causes of action, both against state judges under Title 42 U.S.C. § 1983 and arguably against federal judges in Bivens actions.

Pro se litigants should give a clear and concise description of what happened in chronological order, identifying the judge, the date, time, and place of his or her action, and specifying which acts violated which constitutional amendments.

The complaint finishes with a section entitled “Prayer for Relief.” In such a case you can ask for an injunction ordering another judge to so something, or to refrain from doing something. Successful use of these suits has been made to nullify attachments, end incarcerations, declare laws or court practices unconstitutional and scare the heck out of black robed tyrants with gavels. See Pulliam v. Allen, 466 U.S. 522 (1983).

I often phrase my prayers for relief as follows:

Wherefore plaintiff prays this Court issue equitable relief as follows:

1. Issue injunctive relief commanding defendant to . . .

2. Issue declaratory relief as this Court deems appropriate just.

3. Issue other relief as this Court deems appropriate and just.

4. Award plaintiff his costs of litigation.

Respectfully submitted,

(Your signature)

Your name printedYour addressCity, State, Zip CodeTelephone No.

Statement of Verification

I have read the above complaint and it is correct to the best of my knowledge.

Your signature

Complaints are filed in the Civil Clerk’s Office in the United States District Court for your district.

Federal rules now allow for service of process by certified mail. You will be required to serve the defendant judge and also your state attorney general if you are suing a state judge.

The pro se road will be easier if you study the Federal Rules of Civil Procedure, obtain a Black’s Law Dictionary and familiarize yourself with legal research methods. You must also read the Local Rules of the Federal Court where you are suing, and learn Constitutional law fast.

Using a lawyer as a coach is helpful. Bear in mind that your lawsuit is disfavored because it is against a judge. Nevertheless, our system of “justice” is in such tough shape that suits against judges are a socio-political necessity.

Complaints should be photocopied, disseminated to the legislature, the media and political action groups.

Perhaps the cumulative impact of these suits will bring a healthy radical change for the American people.

Written by dawneworswick

May 29, 2012 at 4:30 pm

Posted in Uncategorized

12 Responses

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  1. 18 USC § 241 – Conspiracy against rights, RICO?
    vonschlesien@yahoo.com

    Charlie von Schlesien

    February 19, 2013 at 2:47 am

  2. my son was taken from me in la paz co. az the whole town is in “bed” w/one another, woman’s shelter, aging & disabled, city police personal, CPS, to the court system. I being disabled, was blindsided by these town people. SOMEONE NEEDS TO HEAR THIS STORY AND HELP !! HELP US TO PREVENT THIS FROM HAPPENING TO YOUR LOVED ONES YOUR OWN FAMILY !!

    med personal that i have seen over the years since my accident have told of to put the word out there someone will hear/read it and can help.
    {I AM NOT A CONSUMER OF ALCOHOL OR ILLEGAL DRUGS EITHER- JUST MY PREFERENCE}

    mrs.layton

    June 10, 2013 at 6:45 pm

  3. Reblogged this on Children's Rights and commented:
    #ColorOfLawAbuse

    DI

    January 31, 2014 at 3:53 am

  4. Reblogged this on WE DEMAND FAMILY COURT REFORM USA and commented:
    Very informative article! Thank you

  5. 2-12-12
    To all those with morals and to all those who love all children, that this David J. Glass Esq. PhD would giggle & laugh at me while waiting to see the judge. Shortly after this attached letter dated 2-12-12 was received by the community of Malibu, CA this David J. Glass Esq. PhD conspired to injure a 3rd party (myself), suborned perjury and falsified evidence just before he closed down his practice and went to FMBK Law. The CA State Bar has just received a 2nd complaint regarding this matter.

    2-12-12 Mr. Graham J Miller

    REGARDING CHILD ABUSE by DESIGN

    To The Principals of Malibu Elementary Schools and To Whom it may concern within the LAUSD and SMMUSD administrations, Directors or other persons.
    Dear Sir Madam or MS,

    I am writing to you firstly as a parent. I have a child in a Malibu public school. I am also writing as a Citizen, and therefore concerned in a more global manner with issues that I personally find disturbing and relevant. I believe a possible failure to perform to ethical codes of several professions, let alone what any normal person may find to be reasonable is about to, and could in the future lead to embarrassment, public consternation and at best a complete lack of faith ,trust and confidence in the above agencies.

    I have recently been informed by my daughter Lily-Jane Faith Miller that her mother has taken her out of Callahan elementary (Northridge); and she is now at some school in Malibu district. (Grade 2)

    My reasons for my concern follow.

    Within the Malibu school district there is a teacher, (C Cullen) who has accused her ex-husband of two counts of sexual abuse of their son, and 5 other counts of abuse of their son (11). This alleged abuse according to Ms. Cullen and her Attorney took place over the past 5 years.

    I would like a notation in my daughter’s file that she is never to be placed in class with the above person as her “(my daughters)” teacher. I apologize in in that I amenable to provide more details on my daughter’s whereabouts (school) but her Mom has not provided that info. I’m sure Dr Jacob the principal at Callahan would be able to assist.

    In MS Cullen’s divorce and custody case she utilized the services of a Mr. D Glass Esq.(Attorney) Mr Glass is also a PhD in Psychology .Mr. Glass was also utilized by the mother of my daughter, Lily -Jane in my own divorce and custody matter. Mr. Glass a Psychologist/ Attorney and mandated reporter saw fit to bring allegations of sexual abuse of a child and 4 allegations of other forms of abuse of MS Cullen’s son Sammy before family court. These all were investigated by the Police DCFS, and the District Attorney. They were found to be without either Medical or Credentialed 3rd party verification and closed therefore as unsubstantiated. These allegations were brought by MS Cullen via the services of Mr. Glass and occurred regularly before the summer school break on a yearly basis. MS Cullen had also recently remarried a Mr Brian Winsick another Teacher and coach in the Conejo Valley. Their marriage took place just prior to the allegations beginning.

    I will now outline my concerns and reasons for the request of the notation in my daughters file.

    It is my belief that the relationship between this teacher Ms. Cullen and her attorney and my own ex-wife and the same attorney is cause for reasonable concern. That to avoid any unfortunate incident where god forbid I was to be accused by my daughter’s mother of something similar as MS Cullen accused her ex-husband of it is imperative no establish able link is in place as could lead to suspicion of collusion. The worst case scenario that Ms. Cullen at some time becomes my daughters teacher and subsequently claims are made that perhaps my daughter had inferred to MS Cullen that I had abused her ( Lily-Jane) and MS Cullen then could relate this to my daughters mother through their mutual attorney, or contact at school is beyond horrific. I feel the separation of my daughter and this teacher protects LAUSD/SMMUSD and my daughter and me.

    In a more global sense I am concerned that a teacher married to another teacher and coach and an attorney who is also licensed as a psychologist made no attempt to make aware the LAUSD or the SMUSD of their concerns. (Two allegations of Sexual abuse and five other allegations of abuse.) Surely some ethical codes of their respective professions would demand other relevant or parties who could be impacted be advised.

    When a teacher finds the resources to pay $500 an hour to a Beverly Hills Attorney for 5 years surely there is a need for verification that such allegations will bring in terms of the expenses the County and State will bear during the protracted conflict. Especially if the accused has been made indigent by the continued claims and has suffered stress or work issues stemming from such accusations and is no longer paying taxes.

    As a parent I certainly would be outraged if I knew my child’s teacher was aware of a legitimate abuse situation and if, as in this case it included Sexual Abuse allegations and that teacher did nothing to bring attention to it as could protect other children I would expect answers. Specifically why and how a person(s) (2 Teachers, (Coach), An Attorney/Psychologist) would go ahead and consciously disregard accusations of such a serious nature, and then they having brought these allegations before family court and the district attorney go ahead and let other parents arrange activities with the person they were accusing of abuse in a manner as would expose other children to the accused.

    What is more disturbing and I expect the press will find disturbing is that repeated allegations of this nature are often utilized in family conflicts and that this is acceptable is in fact a failure of morality within our society. I believe this failure may have had a profound societal impact.

    That the failure of an application of evidentiary standards as are normally applied in criminal matters may have allowed credentialed persons possibly with questionable motive to use family court in a manipulative and deceitful way to achieve their own ends appears to me to be worthy of consideration.

    This epidemic of claims of abuse of children caught in such situations, (family breakups) versus children, who suffer actual abuse , desensitizes the general public and governmental agencies and allows real and dangerous criminals to hide and operate with virtual impunity in our society. It is beyond Peter and the Wolf it is an ongoing crime against humanity. To falsely perpetrate something that I believe leads to what we are now facing in the LAUSD and SMMUSD and may have exacerbated, perpetuated and indeed by lack of action condoned events and actions that possibly has led to emotional; mental and even physical harm to any child is heinous.

    I believe because of the actions as I have described many prior red flags have been ignored in many abuse situations and much suffering and harm and expense could have been avoided if a less commonplace attitude of children was the norm.

    Indeed in the immediate situation with (C Cullen, B Winsick )either the allegations were scurrilous and a product of vitriol, and an attorney(PhD Psych) with who knows what motivation (7 Claims) and that these claims were worthy of public expense .Or these persons were aware the claims they were bringing were false and therefore not worthy of reporting to LAUISD/SMUSD or other parents.? The alternative is an admission of negligent lack of reasonable due diligence and surely a great lack of concern for the school both pupils and other teachers and parents has been flagrantly displayed in total disregard for the safety and welfare of minors. Whether this is or should be a concern for the bond holders of these persons I do not know. Mr. Glass, Glass family Law and former associate of (Kolodny & Anteau) One of the most respected family law firms in the United States (Mel Gibson Getty, etc.) has been investigated by the CA Bar already in this matter and while the complaint was not upheld a letter suggesting the possibility of civil redress was issued by them.

    The APA also found he did no wrong apparently within their own ethics code.

    The fact remains an Attorney/Psychologist and a Teacher and a Teacher/Coach surely have some duty to the community. The positions of trust and respect they are afforded should allow the general public a reasonableness within their expectation of propriety and protection of the innocent by such credentialed persons.

    Perhaps the LAUSD/SMUSD could incorporate or suggest to the CA Bar a cooperative relationship of a professional nature that would allow this protection to be afforded our children as well as draft a code for the LAUSD/SMUSD’s own employees in such situations.

    Certainly recent events could lead one to surmise that a better clarified way of maintaining the safety and welfare of our children, from both bonifide and false claims of abuse would be helpful. The harm that both real and imagined events can bring to families, as well as collateral persons and an institution such as children’s learning environment should be minimalized at all times.

    Sincerely Yours,

    Graham J Miller.

    885 Avenue of the Americas

    Penthouse 1A

    New York. NY. 10001

    Hollander

    April 20, 2014 at 3:46 pm

  6. Hi i need a lawyer to help me sue brooklyn family court acs and all for my daughter hwo s been in foster care for 4 yrs of me going back n forth to court n they gave her medication with out my permission they ever had me go see a

    Romelle Willians

    July 18, 2014 at 7:44 am

    • Can some body give me a call i want to be able to sue brooklyn family court acs n every thing for my daughter in foster care for four year s n they keep holding the process up we been through like ywelve judges for my daughter in one court probally 15 judges they ever gave ñy daughter medication called therazine without my permission n i ve been getting treatef unfair for fare to long i need help some one please help me 347 361 85 29 my name is romelle

      Romelle Willians

      July 18, 2014 at 7:48 am

  7. My niece have four boys all with add social service’s have take them a way she has dome nothing wrong in fact been a brilliant mother who only asked for help they keep moving kids around and stopping contact last minute law not doing much I think no safeguard is in place as their behaviour is getting worse and the special diet not been meet iv contact mp why will people not help she going to rep herself in court they said kids not aloud help

    Susan

    August 2, 2014 at 5:14 pm

  8. tsorensen72@gmail.com help please riverside county ca trying to steel my four children

    tim sorensen

    September 1, 2014 at 9:04 am

  9. Judge Brazil of Newfoundland ( Harbour Grace court house ) Nov 11/2011 permanently destroyed my life and my five year old daughters life. Her decision was and is highly illegal resulting in options to sue , charge and have her interrogated this horrendous decision exposes her complete lack of zero expertise as a competent Judge. The mental and emotional trauma is permanent it most likely will never heal. This case involves lengthy explanatio the removal of my daughter was illegal. my their is clear evidence of the action it is insane. shocking beyond belief and aed nightmare from hell itself, I am an innocent mother with an innocent daughter and our lives have being slaughter to death. My quest to attain help justice with no family. no money and living a sober life has amounted to zero interest . zero help what I have learned is that justice exists in movies but comes no where near the real life I live in. I continue to fight for my daughters rights and mine as her mother if you believe in justice then start by proving it helping an innocent Mother and Daughter I’ve been at it for 3 yrs straight. AT this point I consider it a miracle if anyone intervened ….my name Karen Winton ….karenwinton906@yahoo.ca……karen winton on facebook ….I am a mature Mother 47 yrs old …Heather was a miracle baby and is a beautiful little girl …..a part of my heart has being destroyed from this unreal and deliberate actions that have caused never ending bouts of crippling tears and a heart destroyed,

    karen winton

    November 13, 2015 at 7:28 am

  10. […] Source: How to Sue a Judge | Fight Corrupted Family Courts and CPS […]


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