{"id":368878,"date":"2023-01-20T11:37:40","date_gmt":"2023-01-20T16:37:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/filing-a-lawsuit\/can-i-sue-a-judge.html"},"modified":"2023-12-26T10:37:45","modified_gmt":"2023-12-26T15:37:45","slug":"can-i-sue-a-judge","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/filing-a-lawsuit\/can-i-sue-a-judge.html","title":{"rendered":"Can I Sue a Judge?"},"content":{"rendered":"\n
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Can I Sue a Judge?<\/h1>\n\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by Steven Ellison, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Judges are generally protected by absolute judicial immunity. This means they can’t be sued for actions taken in their official capacity, even if those actions seem biased or unfair. But if a judge acts outside their judicial role, they may lose that immunity. They can be subject to civil or criminal liability. Examples include engaging in administrative misconduct or illegal behavior.<\/p>\n\n <\/div>\n\n\n\n

The principle of absolute immunity shields government officials from personal lawsuits while they are serving in an official capacity. It extends to judicial officers, including court judges.<\/p>\n

Imagine a hypothetical scenario. You have sued your ex-partner for child support and asked the court to provide monetary, declaratory, or injunctive relief<\/a>\u00a0in your favor. The family law judge acts with prejudice against you, claiming that you have no right to bully your former lover for money. You are infuriated by the judge’s decision because they completely ignored all of your evidence and testimony, which proved your case.<\/p>\n

Disgusted by the judge’s actions, you wonder whether they acted corruptly and consider taking legal action against them personally. But the doctrine of judicial immunity stops you in your tracks. So, what can you do?<\/p>\n

In cases like this, consulting an attorney or filing a judicial conduct complaint may be the best course of action.\u00a0A\u00a0civil rights attorney<\/a>\u00a0can assess whether a judge’s prejudicial action against you potentially violates the law. They can also advise on whether you can sue that judge without running into an immunity roadblock.\u00a0<\/p>\n

What You Can Do Before Suing a Judge<\/h2>\n

Even where state judges and federal judges have absolute immunity, you can use the law to:<\/p>\n