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No, a judge cannot be sued. A case could possibly be brought against the state, but this is usually a situation where you appeal with these claims.

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The grounds for suit against a presiding judge in which a party (parties) believe their Constitutional and/or civil rights have been violated are referred to as "declaratory relief" or "injunctive relief". Both matters are complicated and should be discussed with an attorney who is qualified in federal and/or state Constitutional law.

The comment above stating a judge cannot be sued is not exactly accurate. There are a narrow set of circumstances in which a judge can be sued. I'm not well versed in that area of law but I am aware of a local judge being sued for decisions he made from the bench and a negotiated settlement was reached. As I recall it had something to do with the judges ruling violated the person's civil rights.

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14y ago
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13y ago

No. Pro se civil rights violations do not exist. A judge can not be sued for anything he does while he sits on his bench. Pro se means a person is representing himself in a court of law. It is not a civil rights violation for you to represent yourself in a court of law.

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Q: Can a judge get sued under 42 usc 1983 for pro se civil rights violations?
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