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I have sued a family Court judge in Federal Court under US…

I have sued a...

I have sued a family Court judge in Federal Court under US…However, a duly elected or appointed judge who makes decisions within the scope of his judicial authority and upon the presence of subject matter jurisdiction, cannot commit a fraud, because the two concepts are mutually exclusive.
In sum, the reason for my original incredulity is due to the fact that you appear to have proceeded upon your path without apparently understanding the law that confronts you. Because, if you did understand, you wouldn't have sued the judge in federal court -- you would simply have appealed his or her rulings and asked for his recusal in state court.The principle of Zajic is that a judge without authority is not a judge and cannot act in his or her judicial capacity, thus a ruling by that judge would be void (and, under your theory, the judge would be subject to suit under 42 USC 1983). Your facts do not suggest that your judge is not duly authorized as a judicial officer, so in my view Zajic is inapposite.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Pearl, Sorry I am a little slow, was trying to compose a bit and seem to be sending bits. I am from Montana.

Lawyer's Assistant: Has anything been filed or reported?

Yes, in 2014 I defended pro se criminal charges for living in my home without an occupancy permit. This charge was dismissed under a prior technical motion regarding who is named plantiff, the city could not file suit in the name of the state regarding local ordinances, point is I did file this technical dismissal came after I filed a motion to dismiss for fraud upon the court; this motion included evidence that proved the city attorney had made false statements to support the filing of their complaint.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

In 2015, the city came back with a citation and criminal charges again for this same issue. In this action, I have stood them to a standstill, and the same judge has not yet,....yes

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Customer reply replied 2 months ago
Am endeavoring to ask a question along the lines of the topic string pasted above.
Background is city sued me once and lost, sued me again and are now in a loosing position but the case remains open and the HOA who's complaints the city says is their motivation for the multiple criminal complaints against me is suing for an injunction to kick me and my family out of our home in the state's 18th district court. All of these law suites against me trace back to my initiating a title insurance claim which was based on zoning document flaws and covenant document flaws, so I see all these suites as malicious prosecution \ abuse of process \ retaliation acts aimed at breaking myself and my family from our home. The suite with the HOA is scheduled for trial in 68 days. I must file interlocutory appeal; and or motion to recuse; and or appropriately sue the Judge in the immediate HOA case to get away from the corrupt MT court system (FYI it is the MT supreme court that in 1995 said they were working on this states issue of, "rampant judicial corruption" ) With the back drop that we have corruption issues in my area, the current sitting judge in the civil HOA case was a recent former partner in the firm that represented the HOA's founding members, the developer that set up the HOA, and the city - hence, I am not surprised that contrary to rule 8, my counter claims and third party claims of been determined not to be such by the the current court due to a misstep in a preface explaining the structure of the filed documents. I have been denied leave to ammend the filed counter claims etc.. I have been denied leave to amend counter and third party claims to included actions that have accrued since the counter \ third party claims were filed and a half dozen or so motions have also been denied in such a manner so as the Court avoids ever speaking to the merits of the motions - All this denial of an opportunity to be meaningfully heard adds up to abetting various clients of this Judges prior employer - \ firm that she was a partner in.
Getting closer to the immediate question: When I filed my answer, per MT MCA rule 9, I included a special matter pleading which directly challenged the standing of the plaintiff. Plaintiff proposed a scheduling order that failed to allow time to address the special matter pleading or even any of the counter and third party claims and the plaintiff refused to meet and confer prior to tending their version of the scheduling order to the Court, I tended none as I was occupied in criminal court and I was unaware of the local practice of this Court in implementing proposed scheduling orders when the moving party had refused to meet and confer in the formulation of the scheduling order, and then the district court approved the plaintiff's prejudicial scheduling order verbatim as submitted. I objected to and motioned to rescind the scheduling order as it did not allow appropriate time to deal with the special matter pleading, amend counter and or third party claims and join parties etc., my motion was denied at a point in time where the now firmed up and standing schedule window to amend and join parities was already closed and I was then further run over with the plaintiff's schedule - I was 30 days late with my discovery request and am now facing trail without the benefit of discovery; ie - there is a plethora of interlocutory appeal able issues (I do not have the time to make these and file suit in the US Court - this is the overall thrust of the City and the HOA with their work), but I see these issues as opening the path to the US District Court.
There is no shortage of case cites that state once standing is challenged it must be proved. My research says the local district court had subject matter jurisdiction to determine the question of standing, but given that standing was directly challenged in the pleadings, the Court was without jurisdiction to order proceedings that went beyond first resolving the challenged standing of the plaintiff and as a result, all orders and action of the court that have gone beyond only determining the standing of the plaintiff are flawed and challenge-able in any court. If I have a legal basis, my preference would be US district court and the path looks to be suing the Judge for actions under flawed jurisdiction which evidence abetting and or joining the documented ongoing civil rights conspiracy against me via denying equal protection \ access to courts. Certainly I could do the MT interlocutory appeal, butgiven this Courts failure to meet threshold requirements once standing was challenged and this courts denial of a subsequent motion to dismiss the proceedings for this procedural flaw, can I provide notice of complaint to the MT county court and then file against them in federal court?
Customer reply replied 2 months ago
FYI - When this Court denied my subsequent motion to dismiss per the Court's failure to meet the threshold requirements once standing was challenged, the Court, in a fashion similar to all its other denials, failed to speak to any of the merits of the procedure questions and simply stated that the Plaintiff has standing because it was incorporated non profit which was registered with the state of MT. In previous motions the Court was motioned to notify the State Attorney general, whom oversees all non profits under the MT Non Profit Act, that this HOA incorporation was formed under false pretenses and that the affidavits of record, filed by the plaintiff, evidence that the Non profit was formed and legally bound hundreds of voting interests, in 2006, without receiving permission to do so from those bound under the incorporation and new covenants until several years later in 2008; under circumstances and voting procedures that failed to meet the covenant contract requirements of the three formally separate HOA's to do such a thing. The 2006 non profit joined and bound three formally separate HOA covenant contract associations under one new combined and substantially different covenant contract which was not approved by the formally separate three HOA members until several years after that state non profit filing and this years late, alleged, owner approval is did not strictly adhere to the covenant amendment clauses as required by the MT supreme Court.
Answered in 3 hours by:
12/11/2017
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,643
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am sorry, but you went from suing a family court judge in federal court to an HOA issue.

Please BRIEFLY and CLEARLY state your question. We have read all of the text you posted, you do not need to rehash that, just get to the brief facts and specific question you have about this issue for us.

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Customer reply replied 2 months ago
I went from identifying a subject matter string from your website that was already skillfully answered by just answer, which spoke to the subject of suing a state district court judge in federal court, your lawyers answer was in line with my research. You may better understand the background facts by deleting the entire first text block as this was simply meant to give some point of similar subject matter reference from your website, sort of like following a blog string;
Minor rehash and brief facts bellow:I am a defendant in a civil lawsuit which does not have any relationship to family law or family court judges.The case in question arises from HOA covenant contract law in Montana and moves into section 1983 / 1985 civil rights matters that are preferred to be addressed in federal court.I challenged the standing of the plaintiff within my responsive pleadings pursuant to the appropriate rules in the state of Montana. Plaintiff seeks an injunction to preclude my family and I from living in our home.A scheduling order was issued which went beyond the scope of addressing the threshold issue of Plaintiff's contested standing. I motioned to rescind the scheduling order on the grounds that it did not allow appropriate time for the special matter pleading, counter and third party claims. The special matter pleading is how standing is challenged under rule 9 in MT. This motion rescind the scheduling order was denied; and then pursuant to the courts issued scheduling order, discovery and motion work ensued on all aspects of the action, including motions for summary judgement and nearly a dozen affirmative defenses, etc.Subsequent to the actions outlined above, I motioned to dismiss the complaint, counter and third party claims as the Court failed to meet the threshold issue of addressing standing at the appropriate time in the proceedings and as a result the proceedings were irreparably flawed.The court of origin, having denied the motion to void the voidable proceedings is now susceptible to having its orders attacked in any Court? ; which would include local federal district and state appellate?I have the option for interlocutory appeal in state court. Can I go directly to the US District court in an action against the local district court for actions in excess of its jurisdiction per the circumstances above, which I believe resulted in denial of equal protection and a meaningful opportunity to be heard?Considering the interlocutory appeal venue, it seems pointless to go beyond the procedural flaw issue as it should mute all the issues that would be appeal able if the proceedings were found to be valid.Considering the US District court venue, they do not have an overt reputation for being prejudice against pro se litigants and their appellate court has not made public issues of, "rampant corruption" in its lower courts.Considering that the existing record in the state district court evidences dozens of orders beyond the threshold issue of standing which are contrary to the local rule of law and published supreme court maxims, the dozen or so other ruling of record in this matter which deny me equal protection under the law and a meaning full opportunity to be heard can reasonably be colored as actions without jurisdiction that abet the Judges law firms former clients.Do the facts above describe circumstances of flawed jurisdiction? I think yes, and if so, am I correct that flawed jurisdiction questions must first be put to the court of origin? Once the flawed jurisdiction question is put to the local court and then denied, can the lack of jurisdiction of the proceedings and related damages claim be immediately brought in federal court?Am I correct in assuming that immediately providing notice of complaint to the local district court of intention bringing suite against the current judge in federal court would result in the current litigation remaining live with the caveat that the the current judge would be required to recuse, putting the current trial schedule in question and I would still needed to file an interlocutory appeal?
Thanks for your time, help, consideration and patience,
Respectfully,
Peter

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, a judge is statutorily protected from being sued for making decisions within his duties and jurisdiction. You merely have alleged lack of standing, you have not proven lack of standing such that the court would lose jurisdiction. So if the court disagrees with your claims of lack of standing, the proper process is an interlocutory appeal, you cannot just go running to US District Court to try to sue a judge to get them removed from your case, all that would do is get your USDC Case dismissed and certainly not make the judge very happy and you could actually be charged to pay the judge's attorney's fees for taking such improper actions.

So, if you have a problem with how the judge is ruling, you need to take that up on appeal, you cannot sue a judge every time they disagree with your position on a case.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 2 months ago
Thank for your help in educating me on civil procedures.You wrote,"a judge is statutorily protected from being sued for making decisions within his duties and jurisdiction", this speaks to the gravamen of my question to you.Does a Judge go beyond the bounds of their jurisdiction in ordering and adjudicating proceedings that go beyond the scope of determining contested standing, once standing is challenged in a responsive pleading?It is well settled that once jurisdiction is challenged it must be proven. In MT the judiciary is aided by the fact \ safeguard that the rule of law here requires that when one challenges standing, they must do so as a special matter pleading, ie - there is no way for a judge to so, "oops, your responsive pleading do not make clear to me that you were in fact challenging the standing of the plaintiff". Hence, is it a reasonably arguable legal position to state that, proceedings beyond the scope of determining standing once challenged, are in fact proceedings in clear absence of jurisdiction?Rieman v. Anderson, 935 P.2d 1122, 282 Mont. 139 (1997).
Standing is a doctrine involving justiciability and, as such, it is a threshold requirement in every case which we must address and decide sua sponte even if it is not raised by a litigant.Steel Co. v. Citizens for Better Environment, 523 U.S. 83,***** 1003, 140 L. Ed. 2d 210 (1998). Cited as follows:The requirement that jurisdiction be established as a threshold matter `spring [s] from the nature and limits of the judicial power of the United States' and is `inflexible and without exception
- in Hackworth v. KANSAS CITY VETERANS ADMINISTRATION MEDICAL CENTER, 2014 and 305 similar citationsThe supreme court case above, turns on challenged standing and discusses various approaches within the limited scope of jurisdiction of the court, once standing has been challenged.The question to you is, once standing is challenged in the responsive pleadings, and the court then takes action ordering events and hearings well beyond the scope of determining contested standing, has the court taken action beyond the jurisdictional limits placed on the court via the responsive pleading's challenge to plaintiff's standing? If this is the case, can suit be brought against the Judge for actions and resulting damages cause by their acts in clear absence of jurisdiction?“A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a tribunal is its power to act, and a court must have the authority to decide that question in the first instance.” Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409.“A departure by a court from those recognized and established requirements of law, however close apparent adherence to mere form in method of procedure, which has the effect of depriving one of a constitutional right, is an excess of jurisdiction.” Wuest v. Wuest, 127 P2d 934, 937.“Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris.” Merritt v. Hunter, C.A. Kansas 170 F2d 739.Generally, judges are immune from suit for judicial acts within or in excess of
their jurisdiction even if those acts have been done maliciously or corruptly; the
only exception being for acts done in the clear absence of all jurisdiction.
Hoffsomer v. Hayes, 92 Okla 32, 227 F. 417Considering the special pleading requirement rule in MT, is ordering proceedings beyond the scope of determining the challenged standing of the plaintiff an act in clear absence of all jurisdiction?Thanks again for your time help and patience,
Respectfully,
Peter

Thank you for your reply.

As I said in my initial response, just because you challenged standing does not mean standing is not valid. People challenge many things in lawsuits and just because one party makes a claim does not make it true.

So, you challenged standing, if standing has not been ruled on, the court continues to have jurisdiction UNTIL it finds there is no standing.

If the court found there was standing and you disagree, your recourse is an appeal. If the court has refused to rule on the motion, then your recourse is filing a Writ of Mandamus with the Appeals Court which is a motion asking the appeals court to order the lower court to perform their duties.

Again, one party who does not like the ruling of a judge cannot just run and sue the judge in federal court, they have to go through the appeals process and state court process.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 2 months ago
Thank you for your help,You state and I agree, "So, you challenged standing, if standing has not been ruled on, the court continues to have jurisdiction UNTIL it finds there is no standing.". In this circumstance is it true that the jurisdiction of the court is now limited to only scheduling and taking action in support determining standing?I believe as a layperson, that Steel vs Citizens.. says its a one way street once standing is challenged in the record, the court may look to some other merit, but can only use or adjudicate per such merit if it yields the same result as finding for the party contesting standing.The exact question that you are not responding to is; if standing is challenge in the pleadings, does the court have jurisdiction to schedule, order and adjudicate wide ranging events which go beyond the scope of determining the contested standing, without first adjudicating the issue of standing as contested in the pleadings?This is the question which the supreme court appears to speak to in Steel Co. v. Citizens for Better Environment, 523 U.S. 83,***** 1003, 140 L. Ed. 2d 210 (1998).For example, say standing is contested in the pleadings, does the court have jurisdiction authorize discovery for the purpose of reaching other merits such as laches, selective enforcement or fraud, and then to even schedule hearing on such matters without first resolving and adjudicating the issue of contested standing before moving on to other merits of the action \ defenses?Thanks for your time, help and patience.
Respectfully,
Peter

Thank you for your reply.

The court must rule on standing first, for without standing, there is no cause of action to sue. So, yes, standing must first be ruled upon.

It still does not give you cause to sue a judge in federal court. In fact, it is next to impossible to succeed in suing a judge in reality (regardless of the rare court cases you find). Your recourse if you disagree with a judge is the appeals court, since the appeals courts supervise the judges it is their job to intervene not the federal courts.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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