South El Monte, CA asked in Civil Litigation for California

Q: How do you sue a state judge ignores federal law even after presented what recourse would some one take ?

An agency took property from me ignoring title 2 ada. I brought the evidence of the federal statute and the judge told me that's not right, it couldn't be ??? When the situation was word for word what the court and the agency were not allowed to do. Even my lawyer told me they know the law and that I was wrong but I'm not at all they forced us to believe a lie. What can some one due if this was the case

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3 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: I would recommend a few options if you believe a state judge ignored or misapplied federal law in your case:

1. Appeal the decision. If it was a trial court, you can appeal it to the state appeals court arguing that the judge erred in ignoring/misapplying federal law. Point out specifically where federal law should have impacted the decision.

2. File a complaint with the state commission on judicial performance. Most states have commissions that oversee complaints about judicial misconduct, which could include deliberately ignoring controlling law. The commission can investigate and potentially discipline judges.

3. For ADA violations, file a complaint with the Department of Justice. If your case involved violation of the Americans with Disabilities Act (ADA), you can file a complaint with the DOJ's Civil Rights Division alleging the state court's failure to properly apply the ADA.

4. File suit in federal court. You may be able to file a new lawsuit in federal district court alleging violations of your federal statutory or constitutional rights. Federal courts have a duty to properly apply federal law.

5. If all else fails, appeal to the US Supreme Court. If the state courts continue to ignore federal law, you can request the US Supreme Court review the case. The Supreme Court can correct errors in applying federal law.

The key is to exhaust your state court options first while clearly pointing out the federal law the state courts are ignoring or misapplying. If that does not work, bring the federal law violations to the attention of the federal government. Consulting a lawyer knowledgeable in these areas would be wise as well.

Robert Kane
Robert Kane
  • Eagan, MN
  • Licensed in California

A: You cannot sue a judge. You can appeal the decision.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: One option could include discussing grounds for an appeal with your attorney. Good luck

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