Q: My IP racketeering case was denied sealed filing and published to prevent recovery. Charge the US with taking property?
This question needs an attorney in racketeering law (criminal claim filed in civil court), or Court of Federal Claims. It was filed with extensive evidence and memoranda, based upon similar federal cases.
The essential motions to File Under Seal and Request Discovery Assistance (to prevent destruction of evidence and hiding assets) were twice denied with the absurd claim that no cause was shown (all such cases are necessarily done this way). Motion to Recuse requested a judge who knows IP racketeering law, but this too was denied, and the judge now threatens to dismiss for lack of prosecution.
Now the court has published the case, notifying the defendants to destroy evidence and hide assets, exactly as I warned. The US has in effect colluded with the pirates to prevent any recovery of damages. So the US is liable for the Unconstitutional Effect of the judicial acts, the taking of private property.
A:
To clarify, you're asking attorneys who are unfamiliar with your case whether you should sue the U.S. government on the basis of a federal judge's decision?
It is unlikely that an attorney on the Justia Ask a Lawyer board will be able to answer your question or offer any real guidance without reviewing the filings in your specific case. If you have an attorney, you need to ask your attorney. If you don't have an attorney, you need to *retain* an attorney to assist you with these questions. Again, it is very unlikely that an attorney on the Justia Ask a Lawyer board will be able to help you. If you're unwilling to retain an attorney, you must learn more about the federal rules of civil procedure, local rules for your court, and the substantive case law regarding your claim.
Before attempting to sue the U.S. government on the basis of a judge's decisions, you should learn more about the doctrine of judicial immunity, which protects judges from lawsuits based on their judicial actions. This protection generally extends to all judicial decisions in which the judge has proper jurisdiction, even if a decision is made with "corrupt or malicious intent."
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