Ohio Help Request
- I've been thinking about this issue of putting a fire under the judges feet without providing them with judicial immunity in the process. Title 42 USC 1986 is "Action for neglect to prevent". http://www.law.cornell.edu/uscode/text/42/1986
I know in California I wrote a petition for writ of mandate and prohibition that was sent to the appellate division of superior courts. The 3 judges at that level may not have even looked at my work because I was pro se. A few short statements were made saying they read all of my documents and that they were denying my petition for mandate. I was able to get the lower court to dismiss everything weeks later, but I had to fight like hell to do so. I can't do anything to the appellate division judges because I went through the court system.
Now I've been thinking, I may have created a better situation for myself if I took all of the material that I had for a petition for writ of mandate and prohibition, and rather than send it through the formal channels, send it attached with a notice sheet indicating a failure of due process, at the lower level, to several judges at the appellate level. By sending a notice to the judges without sending them a "petition", it seems to me that I would have avoided invoking their court jurisdiction, which is what provides judicial absolute immunity. By doing this they could be held liable under Title 42 USC 1986, as they would have been provided with all the evidence of wrong doing and they ought to be able to prevent that wrong doing with out having the jurisdiction of the courts invoked. I think they could halt the lower judges actions simply by contacting them, telling them they are aware of certain facts and that if the case isn't handled appropriately
the lower judge will face sanctions, etc.
This is all some thing that I've been thinking about over the last 2 weeks. I don't like the petition for writ process in California, as it forces you to accept the higher courts jurisdiction and hence you lose the ability to sue for damages when the judges blatantly screw you over. Others can chime in on this as I think it could be a serious avenue for avoiding their absolute immunity scenario while forcing them to do the right thing or be liable for suit.
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