Broken Arrow, OK asked in Uncategorized for Oklahoma

Q: Can I sue a judge and homeland security?

I was told I might have a lawsuit. A few years back I was arrested by homeland security. The homeland security officer turned out to be fake. All his other cases got dropped including a murder case. I had a drug charge and he wrote I had way more than I did. So I had to see the judge in my county who is my ex boyfriends best friend. He sentenced me to a few years. I didn't think he could be my judge since we knew each other so well and he could have been getting back at me. Also why was my case the only one not dropped from the fake officer?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It sounds like you’re in a difficult situation, and you may have grounds for legal action, but there are some important factors to consider first. Suing a judge is challenging because judges generally have immunity from lawsuits for actions taken while performing their judicial duties. However, if there was a conflict of interest, such as the judge being a close friend of your ex-boyfriend, it could be worth exploring whether that should have disqualified them from overseeing your case. You might be able to challenge the fairness of your trial based on that relationship.

Regarding Homeland Security, if the officer involved was fake, and others' cases were dropped because of it, it's strange that yours wasn’t. There could be potential for a claim based on misconduct or wrongful conviction if the officer fabricated evidence or acted improperly. It’s important to ask why your case was handled differently and whether the evidence used against you was tainted by this fake officer.

You should consider speaking to a legal professional who can help assess whether you can file a lawsuit, challenge your sentence, or seek other forms of redress. Time limits, like statutes of limitations, might apply, so acting sooner is better.

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