Skip to main content
Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Find a Lawyer

More Options

Capogrosso v. Advisory Comm. on Judicial Conduct, No. 08-3816

By FindLaw Staff on November 30, 2009 | Last updated on March 21, 2019

Dismissal of an attorney's 42 U.S.C. section 1983 suit against four New Jersey Superior Court judges, the New Jersey Advisory Committee on Judicial Conduct (ACJC), and its director and counsel is affirmed where: 1) the criminal allegations against the judges are related to actions they took as judges and plaintiff has not set forth any facts that would show that any of the judges acted in the absence of jurisdiction; 2) plaintiff's criminal claims fail to state a cause of action under section 1983, as individual citizens do not have a constitutional right to the prosecution of alleged criminals; 3) plaintiff failed to state a section 1983 claim for one of the judge's alleged improper influence; 4) district court properly dismissed plaintiff's five claims for attorney's fees and costs based on the alleged constitutional violations because, to the extent that plaintiff's pro se complaint can be read to include claims against the director and counsel of ACJC in their individual capacities, they are entitled to quasi-judicial immunity and thus not subject to suit for injunctive relief; and 5) plaintiff's claim that New Jersey Court Rule 2:15 violates the New Jersey Constitution is rejected.     

Read Capogrosso v. Advisory Comm. on Judicial Conduct, No. 08-3816

Appellate Information

On Appeal from the United States District Court for the District of New Jersey

Opinion Filed November 30, 2009


Before:  Rendell, Fuentes, and Aldisert, Circuit Judges

Per Curiam Opinion

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard