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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Is an appellate court liable up a legal published opinion

Customer Question

Is an appellate court liable for writing up a legal published opinion that deceives the public? Especially, when the appellee writes to the judge true facts and he declines to fix?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

No, the courts are not liable for their judicial opinions. (You do not provide the state you are writing about, but each state has a statute or code section providing judicial immunity to judicial officers (judges from all courts) for acts in their official capacities).

I am sorry to learn about the careless manner in which your appellate case was drafted, and I do wish there was something that could be done about this issue, but other than the reasonable step you already took (writing to the court notifying them of the issue), there is nothing further that can be done (even if the matter was successfully appealed, the existing appellate case would still be part of the public record)).

Customer: replied 1 year ago.
I have another question, Is a government agency who employs over 50 people, liable when they failed to be compliant with the American Disability Act, failing to supply an ADA coordinator and a grievance procedure as a public entity? And because of continued neglect and non accommodation, one was deprived of renewing their driver's license after driving with a valid license for over 20 years with o points in driving history. The supreme court values a license as a property, and to lose by negligence and not due process is a constitutional violation? Due to continued void of acknowledging one's disability (who is qualified to drive), the issue is continuing in nature after many years. Would this fall upon a continued violation doctrine or maybe 1983 litigation?