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The Judge overturned another Judge's order and precluded a party from
presenting any evidence or witnesses, over a failure to appear in
court because of medical problem.
In another case he entered damages on a default judgment that six
other judges refused to enter (because of the fraud). But this judge
is biased, so he even denied cross-examination of witness and entered
damages where claim in the Complaint and in the affidavit in support
of damages were different and amount was raised from $15000 to
$200,000 after obtaining default. No evidence other than self-serving
testimony of Plaintiff was presented. Record of the case, with
documents prove that Plaintiff has given self-contradictory affidavits
and is literally lying and did not sustain any damages. Basically he
claims that a fortune 500 company which was laying off thousands of
employees, had offered him a job that would have paid him $200,000.
But fortune 500 company did not follow through because of interference
of Defendant corporation. He has no offer letter or any other evidence
of any offer. Defendant proved that Fortune 500 company's contract
with it, allowed the fortune 500 company to hire the Plaintiff and
that unless a written contract was issued, there was no offer. And
even where there was a contract fortune 500 company had a right to
terminate contract anytime. Also the pay rates of fortune 500 company
in the contract are less than half of what is being asked.
The opposing lawyer and Judge have special relationship. So that
lawyer tries to get all cases moved to this Judge. Even when a party
proves assignment was in violation of rules and court procedures,
judge refuses to recuse. But after that Judge gets conniving, and
tries to make his decisions look not totally unfair or abusive. But
any intelligent person can easily see through the conduct. Appeal does
not remain an option, because once he enters a Judgment of $200,000,
it is impossible to come up with that kind of bond.
How can I sue this Judge or what can be done, can I file for a
Declaratory relief, where issues of other side's complete lack of
merits and Judge's improper conduct can be decided on facts?
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"sallie mae" <salbelmae@hotmail.com> wrote
How can I sue this Judge or what can be done, can I file for a
Declaratory relief, where issues of other side's complete lack of
merits and Judge's improper conduct can be decided on facts?
You can try approaching the Judicial regulatory committee of your State
Supreme Court and the District Attorney's Office/Attorney General's Office
for administrative relief/criminal charges.
Title 42, seqs. 1986, 1985, 1983 might be of some use to you, and you may
even be able to apply RICO. The stripping of immunity is the difficulty, but
'deprivation of civil rights' that they *knew* they were doing is the key.
Chas
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On 15 Feb 2004 11:11:49 -0800, salbelmae@hotmail.com (sallie mae)
wrote:
How can I sue this Judge or what can be done, can I file for a
Declaratory relief, where issues of other side's complete lack of
merits and Judge's improper conduct can be decided on facts?
No, you can't sue a judge.
If the judge's rulings were contrary to law or an abuse of discretion,
the usual remedy is to appeal, sometimes to a higher court and
sometimes to the judges of the same court "en banc" (meaning that all
the judges of the court review the decision of the one judge).
Consult the rules that apply to the relevant for the proper procedure
to follow.
**Dan Evans
**I post information, not advice.
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On 15 Feb 2004, salbelmae@hotmail.com (sallie mae) wrote:
The Judge overturned another Judge's order
and precluded a party from presenting any
evidence or witnesses, over a failure to appear in
court because of medical problem.
Assuming that (apart from the below-stated claim of judicial bias)
these are the only relevant procedural facts (though I concede I
suspect otherwise), see further comments below.
(The parenthetical qualification of course has to do with the
quesitons not answered here by the poster of how many times before the
party in question failed to appear, of what if any documentation was
provided to the court to support the bona fides of the medical excuse,
and the other procedural facts relating to the non-appearance.)
The opposing lawyer and Judge have special
relationship. So that lawyer tries to get all
cases moved to this Judge. Even when a party
proves assignment was in violation of rules
and court procedures, judge refuses to recuse.
Has the aggrieved party made a fully documented motion for recusal
then sought to appeal (and to stay of proceedings before that judge
pending appeal) based on that full record? If not, why not? If so
and if that appeal was denied, what were the facts as claimed and
submitted in opposition by the other party and what was the decision
of the appeals court?
But after that Judge gets conniving, and
tries to make his decisions look not totally
unfair or abusive.
Has the party who claims to be aggrieved by these acts created a
record (e.g., clearly even if briefly stated objections and offers of
proof?) and, if not, why not? If so, and if that appeal was denied,
what were the facts as claimed and submitted in opposition by the
other party and what was the decision of the appeals court?
But any intelligent person can easily see
through the conduct. Appeal does not
remain an option, because once he enters
a Judgment of $200,000, it is impossible
to come up with that kind of bond.
What (if any) statute or court rule or decision supports your
implication that it is necessary to post a bond to be able to appeal?
Granted, a bond or like security may be needed to obtain an
(automatic) stay of enforcement of a judgment. But even if the
judgment were enforced pending the hearing and determination of the
appeal (though, perhaps signficantly, you don't say that, as a
practical matter, this even probably let alone certainly would occur),
why do you seem to imply (you don't actually say) that principles of
restitution would not protect the party in question?
And if it really is so that "any intelligent person can easily see
through the conduct" in the sense you imply (i.e., that the order or
judgment being appealed results from not just corruption or bias but,
instead, both and that [as you seem also to say] this is has been
"prove[n]"), then (apart from whether the party in question has not
bothered to ask), why has the appellate court not granted a
discretionary stay without bond or at least on a reduced bond?
How can I sue this Judge or what can be done,
can I file for a Declaratory relief, where issues
of other side's complete lack of merits and Judge's
improper conduct can be decided on facts?
Generally and for very good reasons, judges are immune from lawsuits
to recover damages, even if the decision resulting in the judgment or
order complained of was corruptly and made and entirely unsupported by
the facts and applciable if correctly applied law.
(There are a tiny number of arguable exceptions or at least
qualifications in some jurisdictions, but, granting what are called
"broad" inferences "liberally in your favor" based on the facts as you
so far state them, it is not worth discussing these, since you do not
state facts that would make so doing relevant let alone helpful to
you.)
But this does not mean that there are not any number of possible
remedies (not least those suggested above), including complaints to
the judicial supervisory/disciplinary persons/agencies in the
jurisidciton and of course to state and federal prosecutors in the
area (because IF what you suggest were factually supported by the
actually believeable evidence, you relatedly at least suggest the
possibility of the commission by the judge of one or more state and
federal crimes).
[ claimed facts about what occurred
"in another case" SNIPPED ]
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sallie mae wrote:
The Judge overturned another Judge's order and precluded a party from
presenting any evidence or witnesses, over a failure to appear in
court because of medical problem.
In another case he entered damages on a default judgment that six
other judges refused to enter (because of the fraud). But this judge
is biased, so he even denied cross-examination of witness and entered
damages where claim in the Complaint and in the affidavit in support
of damages were different and amount was raised from $15000 to
$200,000 after obtaining default. No evidence other than self-serving
testimony of Plaintiff was presented. Record of the case, with
documents prove that Plaintiff has given self-contradictory affidavits
and is literally lying and did not sustain any damages. Basically he
claims that a fortune 500 company which was laying off thousands of
employees, had offered him a job that would have paid him $200,000.
But fortune 500 company did not follow through because of interference
of Defendant corporation. He has no offer letter or any other evidence
of any offer. Defendant proved that Fortune 500 company's contract
with it, allowed the fortune 500 company to hire the Plaintiff and
that unless a written contract was issued, there was no offer. And
even where there was a contract fortune 500 company had a right to
terminate contract anytime. Also the pay rates of fortune 500 company
in the contract are less than half of what is being asked.
The opposing lawyer and Judge have special relationship. So that
lawyer tries to get all cases moved to this Judge. Even when a party
proves assignment was in violation of rules and court procedures,
judge refuses to recuse. But after that Judge gets conniving, and
tries to make his decisions look not totally unfair or abusive. But
any intelligent person can easily see through the conduct. Appeal does
not remain an option, because once he enters a Judgment of $200,000,
it is impossible to come up with that kind of bond.
How can I sue this Judge or what can be done, can I file for a
Declaratory relief, where issues of other side's complete lack of
merits and Judge's improper conduct can be decided on facts?
What you need to do is keep a track record of this judge and after a dozen
or so improprieties, file a complaint with the Attorney General's offce.
They won't investigate on or two instances, but will if you can show a
strong pattern.
Best thing to would be to contact the AG's office and find out what can be
done about it.
You might also want to get the media's attention on this judge. Sometimes
they like this kind of stuff.
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