Can a Judge Be Sued in a Civl Rights Lawsuit?
Full Question:
I'm trying to analyze and understand the words of 42 U.S.C __ 1983 or Civil action for deprivation of rights. It reads in part :- '...Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.' What is this part of statue really saying? In the context of this statute, what do the terms, 'suit in equity,' 'judicial officer,' Injunctive relief,' 'declaratory decree,' and declaratory relief,' mean?What does this law really do and why is it important?
03/11/2011 |
Category: Civil Rights |
State: New York |
#24382
Answer:
It is important because it provides immunity to judges so that they may make decisions without the fear of being sued by those who disagree with their viewpoint. 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.
