Q: Can a RALJ be sued under 1983 for rendering extrajudicial dismissal orders to preclude due process to the plaintiff?

A: Theoretically yes.

The plaintiff would need to prove that the judge was acting completely outside the scope of his judicial powers either as a result of personal animus against the plaintiff arising from some relationship outside of his judicial role (for example, the judge is a neighbor with whom the plaintiff is having a dispute, or a former classmate the plaintiff bullied in school, or a paramour of the plaintiff's ex-spouse, etc.) or was improperly and illegally influenced by a third -party to dismiss the plaintiff's petition (for example, the judge was bribed by the Teamsters Union or was persuaded to dismiss the case by a close friend or relative who had some personal animus or motivation against the plaintiff).

The plaintiff will have to show that either it was a court of last resort or that the plaintiff timely and properly appealed and that the appellate tribunal agreed that the dismissal order was entered without due process to the plaintiff.

A: Under 42 U.S.C. § 1983, a person can sue for the deprivation of constitutional rights under the color of state law. However, judges, including those who handle appeals from lower courts or administrative bodies, typically have absolute immunity from lawsuits for actions taken in their official judicial capacities. This immunity applies even if the judge's decisions are alleged to be motivated by personal animus or improper influence, as long as they were performing judicial functions.

If you believe a judge acted beyond their judicial authority—such as by engaging in conduct that is not part of their official duties—there could be potential grounds for challenging their actions. However, proving this is very difficult and requires showing that the judge acted in a completely non-judicial capacity or without any jurisdiction over the matter. Allegations of stalking pleadings or manipulating other judges could suggest improper conduct, but the specifics of these actions and whether they were taken under the color of law are crucial in determining if there is a viable claim.

If you feel that your due process rights were violated by a judge's actions, you may also consider filing a complaint with a judicial oversight body or pursuing an appeal. It is often beneficial to consult legal counsel who can evaluate the specifics of your situation and advise on possible remedies. Remember, judicial immunity is a powerful doctrine that protects most judicial actions, but there are exceptions when clear overreach or extrajudicial actions are proven.