Is there a way to save my home, Or is this going to make me cry?
As long as you don't panic while reading, and wait for the ending, I think this justifies my pursuit. Watch Me Closely and Don't Look Down!
There is some bad here. Real Bad. But, as I continued this discussion, I found a more limited pathway to saving homes, including mine. But, this is a more solid pathway. If you don't read it all, You won't understand one more thing than you do now.
Danny to AI: An Interview Between Man, A Machine and Justice
Danny: In a civil court case can a defendant sue a Plaintiff for a fully false case?
AI To Danny: Yes, a defendant can sue a plaintiff for a fully false case, though the ability to do so depends on the specific nature of the misconduct and jurisdiction.
Malicious Prosecution: A defendant may sue for malicious prosecution if the plaintiff initiated a criminal or civil charge with knowledge that the claims were false and with a wrongful purpose. This typically requires the defendant to have received a favorable ruling on the original charge before filing the counter-suit.
Abuse of Process: Claims can be filed if the plaintiff used legal process for an ulterior motive or purpose not proper in the regular conduct of the proceeding.
Defamation: If the plaintiff made false statements of fact that harmed the defendant’s reputation, the defendant may sue for defamation (slander or libel). However, statements made in court filings are often shielded from liability on constitutional grounds (such as the right to petition).
Sanctions and Frivolous Litigation: Courts may impose sanctions or award attorney’s fees if the plaintiff’s claims were brought in bad faith, solely to harass, or were without any reasonable basis in law. In egregious cases involving repeated frivolous lawsuits, a defendant may sue for vexatious litigation.
Perjury: Lying under oath constitutes perjury, but this is primarily a criminal matter that prosecutors are less likely to pursue in ordinary civil cases, making it difficult to use as a direct basis for civil damages.
Recovering damages is often difficult because plaintiffs have constitutional rights to access the courts, and defendants may face counter-claims (such as Anti-SLAPP motions) if their own counter-lawsuit is deemed meritless or intended to chill the plaintiff’s rights.
Danny To Ai; If a Judge does not review for Standing in a civil case and rules for the party without Standing does the 11th Amendment remove the judge's immunity to prosecution by a party?
Ai to Danny; No, the 11th Amendment does not remove a judge's immunity to prosecution or civil suit for failing to review standing or ruling for a party without standing.
AI Continues:
Distinction Between 11th Amendment and Judicial Immunity
The 11th Amendment provides sovereign immunity to states (and state agencies) from being sued in federal court by citizens of another state or foreign country. It does not govern the personal immunity of individual judges. Instead, judges are protected by judicial immunity, a common law doctrine reinforced by federal statutes (such as 42 U.S.C. § 1983 interpretations) and Supreme Court precedents like Stump v. Sparkman (1978).
Judicial Immunity: Judges have absolute immunity from civil liability for judicial acts performed within their jurisdiction, even if those acts are alleged to be erroneous, malicious, or in excess of authority. Failing to properly assess standing or making an incorrect ruling on standing is considered a judicial act.
11th Amendment Role: This amendment shields the state itself from liability. While a judge sued in their official capacity might invoke 11th Amendment protections on behalf of the state, the judge's personal protection comes from judicial immunity, not the 11th Amendment.
Consequences of Ignoring Standing
Danny Continues: If a judge rules without verifying standing?
Ai Continues; Appeal/Reversal: The primary remedy is an appeal.
(Later I am going to tell you that they have just shut you out of your cases, I was astonished. But, there is some hope. I learn how to argue with a "thing" later in our debate)
AI Continues: An appellate court can reverse the judgment because standing is a threshold requirement for subject-matter jurisdiction. If a party lacks standing, the court arguably lacked the power to hear the case.
No Personal Liability: The losing party generally cannot sue the judge for damages or prosecute them personally for the error. Judicial immunity protects judges from civil suits for their judicial decisions, even if those decisions are legally wrong.
Exceptions to Immunity: Immunity is lost only for non-judicial actions (administrative or legislative acts) or for actions taken in the clear absence of all jurisdiction (e.g., a probate judge trying a criminal case). Merely misapplying the law of standing while presiding over a civil case does not constitute acting in the "clear absence of all jurisdiction."
Criminal Prosecution
Judicial immunity is a defense against civil lawsuits, not necessarily criminal prosecution. However:
Misconduct vs. Error: A simple legal error (like overlooking standing) is not a crime.
Corruption: Prosecution would require evidence of criminal conduct such as bribery, fraud, or corruption, not just a mistaken ruling.
Impeachment/Discipline: Judges may face disciplinary action, removal, or impeachment through judicial conduct commissions for gross misconduct or repeated incompetence, but this is an administrative/political process, not a private prosecution by a litigant.
judicial immunity exceptions clear absence of jurisdiction
View all
11th Amendment vs judicial immunity difference
Danny to AI: What if the judge is sued in his individual capacity?
Ai To Danny: No, suing a judge in their individual capacity for failing to review standing or ruling incorrectly on standing generally fails due to absolute judicial immunity.
Continue Reading
