Thank you for your question. Please permit me to assist you with your concerns. In this situation if you believe that the judge is misapplying the law and has an unnaturally deferential view toward the city, you do not lose anything outright by filing a motion for recusal. it also places you on record that you contested the rulings not based on the la but based on application and bias, which is somewhat different and potentially more favorable for an appeal. However the better option here (or rather subsequent option here) may be to refile this in federal district court instead, and request that the district court formally evaluate your grievance directly with the city government rather than keep it in a county court where there may be both bias and favoritism against you and your case. Hope that helps.
Thanks, XXXXX XXXXX would have gone to federal court for original jurisdiction but thought that I had to "exhaust state remedies" for the case to be ripe. It is a federal issue (and the federal court also has jurisdiction by complete diversity in this case). How do I get it into federal court at this point?
Thanks. Dimitri. I have navigated the federal courts Pro Se but could not figure our how to remove this to federal court. That is really the advice I need from you or someone there who knows Massachusetts procedures.
Yes, I am the Plaintiff, owner of the property, a house lot in Massachusetts on which a home was demolished; my plans to rebuild it were denied by the city in violation of a statutory right to rebuild, which is required to avoid a constructive "regulatory" taking in violation of Amendments V and XIV. So it is a very clear civil rights case with close precedents, already written up with both federal and state case law.
But I don't know how to remove the case to federal district court in Boston to avoid manifest prejudice in the state Superior court.
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Thanks, XXXXX XXXXX that is bad news.
So should I move to recuse, when the statute does not require recusal for obvious prejudice, and the judge is left to judge himself? Or request an investigation by the state's Committee of Judicial Ethics for violation of the Code of Judicial Conduct, which also fails to list gross prejudice, merely conflicts of interest?
I can appeal but only after a great waste of time, and the court will try to corrupt the evidence to prevent meaningful review, and remand to the same court will just cause another go-around of obviously false legal gambits, tampering with process etc.
Thank you for your exceptionally good reply.
My last question (above) is whether I should request an investigation by the state's Committee of Judicial Ethics for violation of the Code of Judicial Conduct, which also fails to list gross prejudice, merely conflicts of interest?
The reason for this is that this court, probably the same judge, is the source of the only case I have found in which any judge in the US has argued (absurdly) that municipalities cannot be prosecuted for civil rights violations, as this judge has stated, despite the major case law to the contrary, such as the US Supreme Court case Penn Central Transportation Co. v. New York City 438 U.S. 104 (1978) and the Massachusetts case James G. Cayon vs. City of Chicopee & another 360 Mass. 606, 609 (1971)? He simply put his personal prejudice in favor of municipalities ahead of the law.
That is, does this prejudice if established, constitute the "prejudice arising from an extrajudicial source, and not from something learned from participation in the case"?
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