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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 27692
Experience:  Lawyer
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If a district court judge made false statements, completely

Customer Question

If a district court judge made false statements, completely without merit, as part of his case brief - as a matter of public record - is it possible to file suit against the county for defamation or some other act in an effort to get the item removed? The point is, I don't want these made up "facts" the judge created to be a matter of public record. He said I "stalked" and "followed" someone but that is completely false and it simple never happened and I don't want that false statement affecting me for the rest of my life.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The judge's findings of fact are legal conclusions that became legally true. It's impossible to argue that a statement in the findings of fact is false, because, by saying it, the judge has made it a fact. That means, by definition, it cannot be defamation of character.

If something in the findings is not supported by the evidence presented, then the recourse is to file a Notice of Appeal. Another option is to file a Motion for Reconsideration, drawing the judge's attention to the correct facts. However, judges unfortunately could not do their jobs at all if the losing party could sue them (or the county) for mistakes in their findings of fact, so the judge and the county both have immunity from lawsuit.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand.

Good luck.