attorney general represting a judge who is being sued in his individual capcity

Can you sue a judge?

(a) Under the procedures set forth below, a federal employee (hereby defined to include present and former Federal officials and employees) may be provided representation in civil, criminal and Congressional proceedings in which he is sued, subpoenaed, or charged in his individual capacity, not covered by § 15.1 of this chapter, when the actions for which representation is requested ...

Why did a federal court enjoin the state Attorney General?

 · United States Attorney General Opinion, January 14, 1879; 2. United States Attorney General Opinion, February 19, 1902; 3. United States Attorney General Opinion, October 2, 1934 ... Thus, government officials sued for constitutional torts continue to be protected only by qualified immunity. 28 U.S.C. § 2679(b)(2). See Harlow v. Fitzgerald ...

What is the basis for a lawsuit against a judge?

 · As the Supreme Court explained in Kentucky v. Graham, 473 U.S. 159, 165 (1985), individual-capacity suits seek to impose personal liability upon a government official for actions he or she takes ...

Can a lawyer file a complaint against a judge?

 · At the trial, your attorney will try to prove that the judge is guilty of violating your civil rights. You will prove this by introducing documents and questioning witnesses. As the plaintiff, your lawyer will go first. After you present all of …

What does it mean to be sued in your individual capacity?

Individual-capacity lawsuits are those seeking to impose personal liability on government officers or employees for actions taken under color of state law as a part of their government work.

Are judges immune from liability?

lute immunity in their official functions,8 and judges likewise enjoy absolute immunity from civil liability for their official functions so long as they are not utterly lacking in jurisdiction." Absolute immu- nity for judges means that they may not be sued for their wrongful judicial behavior, even when they act for ...

What is it called when a group of people sue one person?

A class action, also known as a class-action lawsuit, class suit, or representative action, is a type of lawsuit where one of the parties is a group of people who are represented collectively by a member or members of that group.

What is sovereign immunity?

Definition. The sovereign immunity refers to the fact that the government cannot be sued without its consent.

Are judges protected?

The U.S. Marshals protect the judicial process by ensuring the safe and secure conduct of judicial proceedings and protecting federal judges, jurors and other members of the federal judiciary. > Protecting court officials and safeguarding the public is a responsibility that permits no errors.

Can judges do whatever they want?

Because judges have no accountability, they can do whatever they please. Judges are the only public officials with no accountability, and they want to keep it that way. The fact that we allow judges to indulge their whims is our collective shame.

Can you be sued by two people at the same time?

Yes you can be sued by multiple parties at the same time. You may be able to consolidate the cases, so while both parties are suing you, you would have one judge to over see all discovery and the trial. You should talk to an attorney...

Who is standing to sue determined by?

Who Has Standing to Sue? Any plaintiff who can demonstrate through evidence that they have suffered an injury or illness that has caused them harm has standing to sue in court.

How do you do a class action lawsuit?

How to start a class actionThere must be seven or more persons with claims against the same defendant;The group's claims must all be in respect of, or arise out of, the same, similar or related circumstances; and.The group's claims must give rise to a substantial common issue of law or fact.

What is 11th Amendment immunity?

The Eleventh Amendment prevents federal courts from exercising jurisdiction over state defendants--the federal court will not even hear the case if a state is the defendant. A state may not be sued in federal court by its own citizen or a citizen of another state, unless the state consents to jurisdiction.

Who is entitled to sovereign immunity?

In the United States, the federal government has sovereign immunity and may not be sued unless it has waived its immunity or consented to suit. The United States as a sovereign is immune from suit unless it unequivocally consents to being sued.

What are the three types of immunity for constitutional violations?

The main types of immunity are witness immunity, public officials immunity from liability, sovereign immunity, and diplomatic immunity.

What is the rule of common law?

The general rule at common law was that in order for a government official to be protected by absolute immunity for common law torts, not only did the official have to be acting within the outer perimeter of his/her official duties, but the conduct at issue also had to be discretionary in nature. Westfall v. Irwin, 484 U.S. 292, 297-298 (1988). In enacting the Federal Employees Liability Reform and Tort Compensation Act of 1988 (FELRTCA), Congress abrogated this common law rule and extended absolute immunity for common law torts to all federal employees regardless of whether the conduct at issue was discretionary. See United States v. Smith, 499 U.S. 160 (1991). FELRTCA confers such immunity by making the Federal Tort Claims Act the exclusive remedy for all common law torts committed by federal employees while acting within the scope of their office or employment. 28 U.S.C. § 2679 (b) (1). However, the immunity conferred by FELRTCA does not extend or apply to suits against federal employees for violation of the Constitution or federal statutes. Thus, government officials sued for constitutional torts continue to be protected only by qualified immunity. 28 U.S.C. § 2679 (b) (2). See Harlow v. Fitzgerald, 457 U.S. 800, 807 (1982); Butz v. Economou, 438 U.S. 478 (1978). Where applicable, qualified immunity protects an official from trial and the burdens of litigation. See Mitchell v. Forsyth, 472 U.S. 511, 526 (1985).

Does FELRTCA apply to federal employees?

However, the immunity conferred by FELRTCA does not extend or apply to suits against federal employees for violation of the Constitution or federal statutes. Thus, government officials sued for constitutional torts continue to be protected only by qualified immunity. 28 U.S.C. § 2679 (b) (2). See Harlow v.

What is the difference between an official capacity suit and an individual capacity suit?

Another difference between individual- and official-capacity suits concerns affirmative defenses. Officials sued individually may assert personal immunity defenses such as qualified immunity. The defense of qualified immunity, however, is not available in an official-capacity action. Instead, the only immunities that can be asserted in an official-capacity action are those defenses that the governmental entity possesses, such as State immunity under the Eleventh Amendment. See Graham, 473 U.S. at 166-67.

What is an official capacity suit?

159, 165 (1985), individual-capacity suits seek to impose personal liability upon a government official for actions he or she takes under color of state law. Official-capacity suits, in contrast, generally represent only another way of pleading an action against the governmental entity or municipality of which the government official is an agent . As long as the municipality receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the municipality.

Why is the distinction important in the case of Graham?

Graham, 473 U.S. at 166. The distinction is also important because each type of suit has different requirements for imposing liability. To establish individual liability, it is enough to show that the official, acting under color of state law, caused the deprivation of a federal right.

Why is it important to distinguish between individual and official capacity suits?

The distinction between individual- and official-capacity suits is important for a number of reasons (they are different causes of action), yet lawyers on both sides of the litigation fail to understand the significance of determining the capacity in which a government official is being sued.

What is a victory in an individual capacity suit?

With this distinction in mind, it is clear that a victory in an individual-capacity suit is a victory against the individual defendant, not the municipality that employs him. "Thus, while an award of damages against an official in his or her individual capacity can be executed only against the official's personal assets, ...

Is a victory in an individual capacity suit a victory against the municipality that employs him?

With this distinction in mind, it is clear that a victory in an individual-capacity suit is a victory against the individual defendant, not the municipality that employs him. "Thus, while an award of damages against an official in his or her individual capacity can be executed only against the official's personal assets, a plaintiff seeking to recover damages against an official in his or her official capacity must look to the government entity itself." Graham, 473 U.S. at 166.

Does respondeat superiordoes apply in 1983?

This additional requirement exists because the doctrine of respondeat superiordoes not apply in section 1983 litigation and municipal liability cannot be premised merely on the employment relationship between the official and the municipality.

How to sue a judge?

Meet with a lawyer. Because you cannot sue judges except in limited situations, you need to meet with a lawyer to see if your case fits into one of the narrow exceptions to judicial immunity. During a consultation, you can explain the facts of your case, and the lawyer can advise you whether you have a legal case against the judge.

What is a 1983 lawsuit?

The basis of your lawsuit against a judge will probably be that you were deprived of your civil rights. These suits are called “section 1983” cases, which is the section of a federal statute that authorizes them.

What is the immunity of a judge?

Identify judicial acts. Judges in the United States are immune from suit for any “judicial act” that they perform. This immunity applies even when the judge acts maliciously or corruptly. This is a very broad protection for judges. Generally, the acts a judge performs during your trial or case will be “judicial” and therefore immune. Common judicial acts include:

How to get a case dismissed?

Defend against a motion to dismiss. The judge will undoubtedly try to get the case dismissed by filing a motion to dismiss. The motion will argue that the judge is protected by judicial immunity, which is absolute. Your attorney will need to argue that the alleged conduct was not judicial in nature and that the lawsuit should proceed.

What are the acts of a judge?

Common judicial acts include: Ruling on motions. Deciding issues, like child custody, alimony, and child support, as well as the outcome of a civil or criminal case when the judge is acting as the finder of fact.

What is discovery in a lawsuit?

Engage in discovery. “Discovery” is a process parties engage in after a lawsuit is filed. They request and exchange information and documents in each other's possession or control. The most common discovery methods include:

Do civil rights lawyers charge fees?

This means that the defendant would have to pay for your lawyer if you prevailed. Second, many civil rights attorneys will represent you on “contingency.”. Under this arrangement, the lawyer will not charge legal fees. Instead, you will pay a portion of any amount awarded to you at trial.

What is the general criterion for determining when a suit is in fact against the sovereign?

Addressing a suit by an independent state agency against state health officials, the Court, quoting Pennhurst, reiterated “that the general criterion for determining when a suit is in fact against the sovereign is the effect of the relief sought .” 160

What is Edelman v. Bradley?

That Edelman in many instances will be a formal restriction rather than an actual one is illustrated by Milliken v. Bradley, 151 in which state officers were ordered to spend money from the state treasury in order to finance remedial educational programs to counteract the effects of past school segregation; the decree, the Court said, “fits squarely within the prospective-compliance exception reaffirmed by Edelman .” 152 Although the payments were a result of past wrongs, of past constitutional violations, the Court did not view them as “compensation,” inasmuch as they were not to be paid to victims of past discrimination but rather used to better conditions either for them or their successors. 153 The Court also applied Edelman in Papasan v. Allain, 154 holding that a claim against a state for payments representing a continuing obligation to meet trust responsibilities stemming from a 19th century grant of public lands for benefit of education of the Chickasaw Indian Nation is barred by the Eleventh Amendment as indistinguishable from an action for past loss of trust corpus, but that an Equal Protection claim for present unequal distribution of school land funds is the type of ongoing violation for which the Eleventh Amendment does not bar redress.

What is the case of 129 Ex parte Young?

129 Ex parte Young, 209 U.S. 123, 159–60 (1908). The opinion did not address the issue of how an officer “stripped of his official . . . character” could violate the Constitution, in that the Constitution restricts only “state action,” but the double fiction has been expounded numerous times since. Thus, for example, it is well settled that an action unauthorized by state law is state action for purposes of the Fourteenth Amendment. Home Tel. & Tel. Co. v. City of Los Angeles, 227 U.S. 278 (1913). The contrary premise of Barney v. City of New York, 193 U.S. 430 (1904), though eviscerated by Home Tel. & Tel. was not expressly disavowed until United States v. Raines, 362 U.S. 17, 25–26 (1960).

What was the first case in which the sovereign immunity of the United States was claimed and rejected?

120 Judicial reluctance to confront government officials over government-held property did not extend in like manner in a federal context, as was evident in United States v. Lee, the first case in which the sovereign immunity of the United States was claimed and rejected. United States v. Lee, 106 U.S. 196 (1882). See Article Iii, ?/span>??Suits Against United States Officials.” However, the Court sustained the suit against the federal officers by only a 5-to-4 vote, and the dissent presented the arguments that were soon to inform Eleventh Amendment cases.

What is the significance of Idaho v. Coeur d'Alene?

The implications of the case are difficult to predict, because of the narrowness of the Court’s holding , the closeness of the vote (5–4) , and the inability of the majority to agree on a rationale. The holding was that the Tribe’s suit against state officials for a declaratory judgment and injunction to establish the Tribe’s ownership and control of the submerged lands of Lake Coeur d’Alene is barred by the Eleventh Amendment. The Tribe’s claim was based on federal law—Executive Orders issued in the 1870s, prior to Idaho statehood. The portion of Justice Kennedy’s opinion that represented the opinion of the Court concluded that the Tribe’s “unusual” suit was “the functional equivalent of a quiet title action which implicates special sovereignty interests.” 156 The case was “unusual” because state ownership of submerged lands traces to the Constitution through the “equal footing doctrine,” and because navigable waters “uniquely implicate sovereign interests.” 157 This was therefore no ordinary property dispute in which the state would retain regulatory control over land regardless of title. Rather, grant of the “far-reaching and invasive relief” sought by the Tribe “would diminish, even extinguish, the State’s control over a vast reach of lands and waters long . . . deemed to be an integral part of its territory.” 158

What is the purpose of the Ayers case?

127 Ayers sought to enjoin state officials from bringing suit under an allegedly unconstitutional statute purporting to overturn a contract between the state and the bondholders to receive the bond coupons for tax payments. The Court asserted that the state’s contracts impliedly contained the state’s immunity from suit, so that express withdrawal of a supposed consent to be sued was not a violation of the contract; but, in any event, because any violation of the assumed contract was an act of the state, to which the officials were not parties, their actions as individuals in bringing suit did not breach the contract. 123 U.S. at 503, 505–06. The rationale had been asserted by a four-Justice concurrence in Antoni v. Greenhow, 107 U.S. 769, 783 (1882). See also Cunningham v. Macon & Brunswick R.R., 109 U.S. 446 (1883); Hagood v. Southern, 117 U.S. 52 (1886); North Carolina v. Temple, 134 U.S. 22 (1890); In re Tyler, 149 U.S. 164 (1893); Baltzer v. North Carolina, 161 U.S. 240 (1896); Fitts v. McGhee, 172 U.S. 516 (1899); Smith v. Reeves, 178 U.S. 436 (1900).

What is the rule of Tindal v. Wesley?

Tort Actions Against State Officials. —In Tindal v. Wesley, 163 the Court adopted the rule of United States v. Lee, 164 a tort suit against federal officials, to permit a tort action against state officials to recover real property held by them and claimed by the state and to obtain damages for the period of withholding. The immunity of a state from suit has long been held not to extend to actions against state officials for damages arising out of willful and negligent disregard of state laws. 165 The reach of the rule is evident in Scheuer v. Rhodes, 166 in which the Court held that plaintiffs were not barred by the Eleventh Amendment or other immunity doctrines from suing the governor and other officials of a state alleging that they deprived plaintiffs of federal rights under color of state law and seeking damages, when it was clear that plaintiffs were seeking to impose individual and personal liability on the officials. There was no “executive immunity” from suit, the Court held; rather, the immunity of state officials is qualified and varies according to the scope of discretion and responsibilities of the particular office and the circumstances existing at the time the challenged action was taken. 167

What are the types of complaints against judges?

TYPES OF COMPLAINTS THE STATE DISCIPLINARY BODY CAN ADDRESS. Misconduct: The broadest category of complaints against judges can be classified as "misconduct" complaints. Judicial misconduct has a very specific meaning under the Code of Judicial Conduct. The Code of Judicial Conduct regulates the activities of judges on and off the bench.

What is the role of a judge in the rule of law?

In his or her role as an adjudicator of the facts and the law, a judge resolves disputes and is a highly visible symbol of government under the rule-of-law. The Code of Judicial Conduct establishes the standards of ethical conduct for judges. The Code contains 1. broad statements called Canons, 2.

What is the role of a judge in the US legal system?

Built-in to the Code of Judicial Conduct are the principles 1. that judges must treat their judicial office as a public trust and 2. that judges must strive to maintain and enhance the public's confidence in our legal system. In his or her role as an adjudicator of the facts and the law , a judge resolves disputes and is a highly visible symbol of government under the rule-of-law.

How is disciplinary action determined?

The decision to take disciplinary action, and the degree of the discipline to be imposed on a judge, should be determined through an impartial process that would include a logical application of the Code's text and take into account such factors as the seriousness of the offense, whether there is a pattern of improper activity, and the effect of the improper activity on the public or on the judicial system.

What are the principles of the Code of Judicial Conduct?

Built-in to the Code of Judicial Conduct are the principles 1. that judges must treat their judicial office as a public trust and 2. that judges must strive to maintain and enhance the public's confidence in our legal system.

Why should a judge regulate his or her extra-judicial activities?

A judge should regulate his or her extra-judicial activities to minimize the risk of conflict with his or her judicial duties. A judge should regularly file a report of compensation he or she received for quasi-judicial and extra-judicial activities. A judge should refrain from political activity.

Should a judge avoid impropriety?

A judge should avoid even the appearance of impropriety in all of his or her activities.

Who wrote the decision that a woman was immune to a lawsuit?

The decision today, written by Associate Justice Harry A. Blackmun, retained the bar against suits for damages.

Why were the two men arrested?

The two men were arrested for petty offenses for which they could not have received a jail sentence. However, the magistrate jailed them because they could not make bail. The men sued in Federal court for a declaration that it was unconstitutional to require bail for non-jailable offenses and for an injunction against the continuation of the practice. They won and were awarded lawyers' fees under the Civil Rights Attorney's Fees Awards Act of 1976, which provides that prevailing parties in civil rights suits can recover their lawyers' fees from the losing party.

Who reviewed the history of judicial immunity in English common law?

In his opinion, Justice Blackmun reviewed the history of judicial immunity in English common law, from which the American immunity doctrine is derived. He concluded that because English judges were subject to certain common-law writs much like modern- day injunctions, there was no historical basis for extending judicial immunity to injunctive suits.

Did the Justices take up the Williams v. Illinois case?

The Court had the cases under review for some months, an indication that the Justices may have been close to taking up the issue. But only Justices Marshall and Brennan voted to take the cases. Justice Marshall said he dissented from the Court's ''refusal to confront'' what he called ''one of the gravest and most persistent problems facing the American judiciary today.'' (Williams v. Illinois, No. 83-5785).

Can a judge be sued for civil rights violations?

The Supreme Court ruled today that state judges may be sued for civil rights violations and may be ordered to pay the lawyers' fees of those who sue them successfully.

Did Justice Blackmun say Congress meant to exclude judges from injunctions?

Justice Blackmun also said there was no evidence that Congress meant to exclude judges from injunctions under Section 1983.

Why is it not so simple to sue a potential defendant?

The question of whether or not to sue a potential defendant might traditionally be answered with another question, “why not?” In employment cases, it is not so simple a question, both because of difficult legal questions regarding viability as well as tactical and strategic questions that might not be present in other tort litigation.

Why do plaintiffs sue?

Plaintiff’s counsel typically file suit against all possible defendants. There are many solid reasons for filing against “secondary” or even lesser defendants, such as the potential for failed liability against a primary defendant, the implication of additional insurance policies, future insolvency of a primary defendant, and, of course, the practical consideration of having “more money at the table” in settlement negotiations. Most obvious is the fact that to not do so can ultimately equal malpractice, should any of these or other factors be implicated.

Why is it important to have an individual defendant make settlement decisions?

Because of the strong emotional factor, having an individual defendant making settlement decisions can either move a case towards settlement or can provide an impediment. Ask yourself and your client the following questions:

What does it mean when you are sued?

When individuals are being sued, the litigation becomes more of a personal matter, as opposed to a simple business matter. What this means is that you may be personally suing the very person who must decide – or at least has input into the decision of – whether or not to pay your client.

What is the law regarding employment torts?

California Code of Civil Procedure § 3294 requires that to obtain punitive damages against a corporation, an officer, director, or managing agent must have perpetrated the unlawful act, ratified , or, prior to the wrongful acts, employed the wrongdoer despite knowledge of their lack of fitness for the workplace.

What happens if you are not a defendant?

On the other hand, if they are not an individual defendant, and are not personally accused of any wrongdoing, they can settle the case, point the finger at the boss, and have plausible deniability when discussing the matter with their superiors.

What does plaintiff's counsel look for in an employment case?

When bringing an employment case, whether for wrongful termination, sexual harassment, retaliation, breach of contract, failure to pay wages, or any of the other myriad employment suits, plaintiff’s counsel must look not only to identifying the correct employer-defendant, but also to identifying the viability – and advisability – of su ing individual employees.