Suing a Judge, Magistrate, GAL / Federal or State?

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Latest post Mon, Apr 24 2017 12:07 PM by ca19lawyer2. 12 replies.
  • Thu, Aug 15 2013 7:26 AM

    • goodguy111
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    • Joined on Thu, Aug 15 2013
    • KY
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    Suing a Judge, Magistrate, GAL / Federal or State?

    Here are the basics:

    • My case is based in Ohio and is within the past year
    • It was determined and put in writing By an appeals court that a magistrate and judge violated my Due Process civil rights in a Custody hearing in Domestic Relations Court.
    • They were many things that they did that were out right wrong ie.. Not allowing me witnesses, manually stopping the recording during my trial so I can be lectured. (many other things I can explain later if needed)
    • I have allready talked to the FBI and now need to fill out a form for the investigation to start. What happened falls under the Color of Law federal guidelines.
    • i have transcripts etc which show blatant disregard to the law. When I stated to them my rights were being violated I was told on many occasions if I have a problem with that "take it to the Supreme Court". I'm metioning this because there is excellent documentation that they willingfully violated my rights.
    • I am pursuing complaint with discipanry board.
    • I would like to sue them for what they have done and recoup expenses, attorney fees, hardship, etc.....

    My Questions:

    1. judges, Magistrates, and GAL's have absolute immunity in ohio for "judicial acts". I have seen many cases that go both ways as to whether you can sue them because it boils down to the interpretation of whether they were performing a "judicial act" when they chose to no longer follow the law. Any comments or recent examples about this?
    2. Can I take this straight to federal civil court to sue them under color of law violations? Would that overide the state absolute immunity?
    3. I have excellent documentation. Any reccomendations on a civil rights attorney in Ohio that would be interested in the case?

    I tried to keep it short and to the point. There is so much more that I have gone through. It has been devistating to me and my children. A few attorneys that are familar with my cases (none of which are civil rights attorneys though) state they have never seen such blatant disregard for the law. I appreciate any feedback or questions anyone may have.

    Thanks!

     

  • Thu, Aug 15 2013 10:26 AM In reply to


    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    A judicial officer has absolute immunity from any private party civil suit for anything they do on the bench.  They can removed from office but they cannot be sued by a private citizen for judicial acts no matter how outrageous.  The GAL is not a judicial officer, they are a lawyer appointed by the court to represent someone for purposes of specific litigation.  In your case, I suspect they represented your child or children.  Attorneys can be sued for malpractice by their clients.  HOWEVER, in OH the courts have held that a court appointed guardian ad litem is entitled to absolute immunity from actions arising out of the performance of his or her duties.  That means they cannot be sued for what they did during their representation.  You can file a complaint to the state bar but since you weren't the client, don't expect much to happen. 

  • Thu, Aug 15 2013 11:09 AM In reply to

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    goodguy111:
    I have allready talked to the FBI and now need to fill out a form for the investigation to start. What happened falls under the Color of Law federal guidelines.

    Don't expect this to go anywhere.

     

    goodguy111:
    judges, Magistrates, and GAL's have absolute immunity in ohio for "judicial acts". I have seen many cases that go both ways as to whether you can sue them because it boils down to the interpretation of whether they were performing a "judicial act" when they chose to no longer follow the law. Any comments or recent examples about this?

    You're not going to find anyone here who is up to speed on recent Ohio cases involving judicial immunity.  However, it has long been held that, even if the judge knowingly ruled contrary to well-established law, immunity still applies.

     

    goodguy111:
    Can I take this straight to federal civil court to sue them under color of law violations? Would that overide the state absolute immunity?

    You can sue anyone you like for anything you want in any court that will take your complaint, but a complaint such as this would be dismissed almost immediately (and some judges might even do so sua sponte -- i.e., without waiting for a motion from the defendants by issuing an order to show cause).  You might also find yourself on the wrong end of a sanctions order.  And no, suing in federal court does not get you around judicial immunity.

     

    goodguy111:
    I have excellent documentation. Any reccomendations on a civil rights attorney in Ohio that would be interested in the case?

    Any attorney willing to take a case like this probably shouldn't have passed the bar exam in the first place.

  • Thu, Aug 15 2013 1:20 PM In reply to

    • goodguy111
      Consumer
    • Not Ranked
    • Joined on Thu, Aug 15 2013
    • KY
    • Posts 3

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    I just wanted to clarify something....I requested a GAL for the children and paid for it myself. Is that the same as a court appointed GAL for purposes of filing a complaint to the state bar?

  • Thu, Aug 15 2013 1:27 PM In reply to


    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    You still weren't the client.  Anybody can file a bar complaint.  It's just reality that when you aren't the client, the bar doesn't give it the same scrutiny because an attorney owes a duty to their client and only their client, no one else. 

  • Thu, Aug 15 2013 1:34 PM In reply to

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    Seems like you hired a GAL to represent your children and the decisions went against you.

    You're angry and want to wreak havoc on somebody.

    Well, as others have responded, it's not going to happen.

    Suck it up and get on with your life as best as you can.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Aug 15 2013 11:35 PM In reply to

    • goodguy111
      Consumer
    • Not Ranked
    • Joined on Thu, Aug 15 2013
    • KY
    • Posts 3

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    Yes the decision went against me but if it were for the right reasons that is different. When a GAL outright lies and fabricates things in a GAL report (which he admitted doing), says discrimintory things, refuses to meet with me with the children, refuses to take evidence, etc... I don't think I should just suck it up. BTW i was advised by an attorney to tape record the GAL which I did so quite a bit of this is on tape!

    Unfortunately my ex was an alcoholic and drug user. I rarely drink and do not use drugs. i had full custody before the divorce. She got busted by drug task force writing her own fake perscriptions, DUI, and abused the children (that is why I had full custody). In the divorce she didn't even ask for full custody but that is what the judge gave her. You may wonder I did? I spoke up when I was being discrimated against, It was made very clear that at a young age it is the mothers job to raise the children and I should focus on work to financially support them.

    With all this in mind it should be of no surprise that both of our kids for several years have failed most of there classes, had severe disciplinary problems (dozens of suspentions and detentions, and were in the process being expelled from school.She then decided to pull our 12 year old out of school and enroll him in an online school (in which he failed)! There wasn't much i could do about most of this when I wasn't able to see the children on my exchanges. She refused to exchange them and the court refused to enforce my parenting rights. 

    BTW my ex has been an escort even while at one time she was recieving over 5k a month in support and got hundreds of thousands in the divorce settlement.

    SO SUCK IT UP? AT WHAT POINT DO YOU GIVE UP ON YOUR CHILDREN'S SAFETY, EDUCATION, AND OVERALL WELL BEING? Like I said earlier in my original post there is quite a bit more to it!

    Before you label me as just another upset parent from the outcome of custody or divorce perhaps be open minded about how the kids are effected when Court officers may have a different agenda because of race, sex, or religeon. Not to mention a few other things that I cant mention here......

    I am open to any comments that you have. There are things I can learn from response even if they are not favorable to me. With that in mind I do appreciate the time you have allready took to read my story and respond to it.

     

     

  • Mon, Mar 30 2015 2:39 AM In reply to

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    So what eventually happened with your situation?

  • Tue, Apr 18 2017 3:42 AM In reply to

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    Actually you can most definitely not only sue the court, judge, GAL, opposing counsel, the ex, the attorney general, the entire BAR and everyone... AND YOU CAN WIN TOO! 

    HALLETT vs OHIO et al 2016

  • Tue, Apr 18 2017 7:04 AM In reply to

    • DOCAR
      Lawyer
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    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,468

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    But not 4 years later. You do realize this is a 4 year old thread to which the OP has not returned in over 4 years?

  • Tue, Apr 18 2017 7:17 AM In reply to

    • DOCAR
      Lawyer
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    • Joined on Sat, Dec 9 2000
    • NV
    • Posts 5,468

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    Hallet v Ohio is a pending case in the US District court for the middle district of Florida. So far the court has indicated that it will rule against the Plaintiff on the issue of subject matter jurisdiction. Even if the plaintiff were to win, the decision would be binding only in the middle district of Florida, not even in Ohio

  • Mon, Apr 24 2017 12:06 PM In reply to

    Why did you resurrect a FOUR YEAR OLD THREAD?

    Stop corrupt BAR MEMBERS and family:
    HALLETT vs OHIO et al 2016

    What about it?

    This case was filed in the Middle District of Florida in March 2016, in which the plaintiff improperly sought to challenge his prior divorce proceedings in Ohio.  On April 21, 2016, the magistrate judge ordered the plaintiff to show cause why the case shouldn't be dismissed for lack of subject matter jurisdiction.  A second order to show cause was issued on May 13, 2016.  On June 9, 2016, the magistrate judge issued a report and recommendation that stated, "Because Plaintiff’s response to the order to show cause (Doc. 32) failed to show why subject matter jurisdiction exists, the Court directed Plaintiff to file a second amended complaint on or before May 30, 2016. . . .  On May 26, 2016, Plaintiff filed a response to the Court’s Order, but not a second amended complaint."  On July 5, 2016, the district judge adopted the magistrate judge's report and recommendations and ordered the case dismissed.  The case is presently on appeal with the 11th Circuit Court of Appeals.

    So...how exactly does this improperly filed case that was summarily dismissed, and which is presently on appeal, support your nonsensical contention that one "can most definitely not only sue the court, judge, GAL, opposing counsel, the ex, the attorney general, the entire BAR and everyone... AND YOU CAN WIN TOO!"???

  • Mon, Apr 24 2017 12:07 PM In reply to

    Re: Suing a Judge, Magistrate, GAL / Federal or State?

    DOCAR:
    Hallet v Ohio is a pending case in the US District court for the middle district of Florida.

    Actually, it WAS dismissed nearly a year ago and is on appeal with the 11th Circuit.

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