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Do you file civil lawsuits against judges or prosecutors for misconduct?

Generally not, although for fees to be agreed upon we can advise you regarding whether the conduct about which you are concerned violates ethical, constitutional standards, or other laws; or draft complaints to disciplinary authorities. This will rarely lead to a financial recovery.

Prosecutors and judges are generally entitled to absolute prosecutorial immunity from being sued personally for damages for their work as prosecutors and judges. Courts have treated this immunity as being very broad.

For this reason, our firm thus almost never files civil lawsuits against judges or prosecutors for their legal work.

Prosecutorial or judicial immunity doesn't apply to conduct by prosecutors or judges that is outside of their prosecutorial or judicial function. For example, prosecutors can potentially be sued for investigative work. But courts are very reluctant to find these officials work to be outside of their jobs. Even when the work is done in an extremely unfair way.

This can often lead to unfair results that would shock lay people for even the most outrageous prosecutorial or judicial misconduct.

You may wish to write the disciplinary counsel in your jurisdiction with your complaint about the judge or prosecutor.

If the prosecutor’s conduct also involves misconduct by police officers or other law-enforcement agents, we may be interested in your case, depending on all the facts and circumstances. Police officers are not absolutely immune but are sometimes entitled to something called qualified immunity, which can get them out of being sued.


Related Practice Areas
First AmendmentGovernment Ethics, Misconduct, Fraud, & AbuseLegal Ethics & Professional ResponsibilityPolice Misconduct & BrutalityFirst Amendment RetaliationPolice Brutality in California: What Are Your Rights?

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