Malibu Dallas tells us on twitter that A judge must act within his jurisdiction regarding the subject matter, or he/she will lose immunity from civil actions for such acts. This principle was established in Davis v. Burris, 220 Ariz., 75 P.2d. Generally, judges are immune from suits for judicial acts within their jurisdiction, even if those acts were done maliciously or corruptly. The only exception is for actions done in the clear absence of jurisdiction, as outlined in Gregory v. Thomson, 500 F.2d 59 (C.A. Ariz 1974).
There is also a general rule that a ministerial officer who acts wrongfully, even in good faith, is nonetheless liable for civil action and cannot claim immunity from the sovereign. This was highlighted in Cooper v. O’Donnell, 99 F.2d 133.
When a judicial officer acts entirely without jurisdiction or without compliance with the jurisdictional requisites, he may still be held liable for abuse of process, even if he believed in good faith that he had jurisdiction, as discussed in Fidelity & Guarantee Co., 217 Miss. 576, 64 So.2d 697.
Now, you might ask, how does a judge lose his jurisdiction? This can happen when, for example, a CPS worker files an affidavit. By law, the worker must submit a truthful declaration, but often, these affidavits include facts of which the worker has no firsthand knowledge. When a CPS worker submits such a false affidavit under penalty of perjury, she/he commits fraud upon the courtโa felony. If a judge creates a court order based on that fraudulent affidavit, the judge has also committed a felony. When fraud is committed upon the court, both the judge and the court lose subject matter jurisdiction, opening the judge to liability and the possibility of being sued for fraudulent acts.
Anyone attempting to enforce an illegal court order is, in effect, committing an act of violence against you.
case law mentioned in the text:
- Davis v. Burris: Casetext and CourtListener
- Gregory v. Thompson: Casetext and CaseMine
- Cooper v. OโConnor: Justia and Casetext
- Fidelity & Guarantee Co.: Justia
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Everyone is asking on twitter: “Can I sue a Judge?”
Yes, you can in very slim circumstances If a judge creates a court order based on that fraudulent affidavit, the judge has also committed a felony. Anyone attempting to enforce an illegal court order is, in effect, committing an act of violence against you.
What is an affidavit: a written statement confirmed by oath or affirmation, for use as evidence in court.
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