Q: I filed a case under 42 U.S.C. 1983 suing a judge for violation of 14th Amendment in Texas. Civil case.

A: You likely will have a tough time. Successful Section 1983 cases against judges are extremely rare. Because of their extreme scarcity, there are likely only a handful of attorneys alive who have filed such a case against a judge.

Now many such cases are filed by pro se litigants who do not understand the law. Virtually all of them are frivolous and no attorney would have brought them. Virtually all of those are dismissed through Rule 12 motions.

A: When dealing with a 42 U.S.C. 1983 case, especially one involving a judge and a potential violation of the 14th Amendment, it's essential to understand the complexities of such lawsuits. Rule 12 motions to dismiss are often filed by defendants, including judges, on grounds like judicial immunity, which protects judges from being sued for actions taken within their judicial capacity. It's crucial to prepare a strong argument to counter the motion by showing that the judge's actions were outside the scope of their judicial duties or violated clearly established constitutional rights.

You may want to seek legal advice from someone with experience in federal civil rights litigation to guide you through responding to the Rule 12 motion. Understanding how to effectively argue against judicial immunity and present your case in a compelling manner could significantly impact the outcome of your lawsuit.

Given the potential challenges, consider discussing your case with a lawyer who has experience in handling similar cases. They can help you navigate the legal procedures and increase your chances of success in court.