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19430Re: Current § 1983 RE: Suing State Judges

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  • CarlS
    Jun 1, 2013
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      My thoughts exactly. If a judge acts in a manner that is unlawful in his official capacity, he then forfeits judicial immunity and becomes liable for damages as a citizen or individual acting under color of law, correct?



      --- In tips_and_tricks@yahoogroups.com, stonekutteral <stonekutteral@...> wrote:
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      > On May 31, 2013, at 3:27 AM, Legalbear wrote:
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      > >>>>>>>>I found courts saying the following regarding this 1996 Amendment to 42 USC § 1983 and what it means when it comes to suing judges:<<<<<<<<<<<<<<<
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      > Absolute immunity bars not only Montero's § 1983 claim for damages but also his claim for injunctive relief. The 1996 amendments to § 1983 provide that "in any action brought against a judicial officer for an act or omission
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      > >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Bear (and the courts) have emphasized this part, when it is the very next part that should have the emphasis---
      > taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable."
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      > the fact is that most things the judges should be sued for is Not stuff they have done in their judicial capacity, but stuff which it is not legal for them to do in their official capacity.......
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