Lake Mary, FL asked in Criminal Law for Florida

Q: If a sitting judge presided over a case that was completely corrupt and was charged with corruption a few years later

Is it possible to sue the district attorneys office?

The case I refer to is the state vs Francisco Munoz, 1972. I have lived with this injustice for over 50 years. Thanks for your time and effort.

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3 Lawyer Answers
Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: Yes it is possible to sue a district attorney's office. However, there are several immunities issues that you will have to overcome. You will also have to deal with statute of limitations issues.

I know nothing about the case other than it is nearly 50 years old. That alone presents some potentially bad outcomes.

You should probably contact a civil rights lawyer. Good luck.

Jonathan Blecher
Jonathan Blecher
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: I don't understand how a "corrupt judge" translates into suing the DA, unless you're alleging they conspired with one another. There may be grounds to re-open the case, though the passage of time is a great obstacle.

Steven G. Casanova agrees with this answer

Steven G. Casanova
Steven G. Casanova
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: It would seem that the Statute of Limitations has most likely passed. Moreover, the State Attorney's office is probably the wrong party to implicate in any type of lawsuit with the facts that you have mentioned. Maybe the correct Defendant in this case is the Judge himself.

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