During inquest in an action for divorce, in New York State, the judge restricted all testimony to the issue of child custody, restricting one side's statements much more than those of the opponent, and exclusively to "positive" statements, interfering with disfavored litigant's testimony. Post-trial decision gave primary residential and sole legal custody to the favored side. Did the judge thus violate "due process" clause of the Fifth Amendment or the Fourteenth Amendment. Does U.S. Code Title 42 par. 1983 allow the wronged side to sue the judge in federal court? The wording in the exception clause of par. 1983 is confusing. Is it possible to sue in federal court for reversal of the decision on custody? For any other relief? Is there a time limit for filing lawsuit or complaint?
You cannot sue a judge because they have absolute immunity. You can appeal an adverse ruling and file a complaint against the judge but judges get wide discretion on admission of evidence.
No, you cannot sue a judge as judges in Texas (and elsewhere) have absolute immunity. Your remedy is an appeal. However, be aware that you must "preserve" the judge's error in the trial court, meaning you must be able to show the appellate court that the trial judge made an error (i.e., get a ruling from the judge) and that the error probably caused you harm leading to an improper judgment (here, you must make an "offer of proof," that is introduce the evidence you would have presented or inform the court of what evidence would have been presented, so the appellate court can determine if the judge's error caused harm).
The correct procedure when a judge does not rule in your favor is to lodge an appeal within the time limit prescribed. Your divorce attorney should handle this for you, since you are already represented. In addition, if you feel there was bias, you can ask your attorney to tell you about filing a complaint with the New York State Commission on Judicial Misconduct. ****However **** be aware that it is not misconduct for a judge to issue an order limiting testimony in a matter in the interests of judicial economy and efficiency. At most, this would likely be held to be a reversible error, since the judges are presumed to be fair and impartial unless their behavior is very egregious.
I strongly discourage you from filing a complaint unless you have specific, convincing evidence that the judge exhibited egregious levels of bias during the conduct of the hearings, and that you ask your attorney to explain he ramifications of this to you.
Remember, you ALREADY have an attorney. They should go over the possible options for appeals or further action with you, since they are most familiar with your case and the conduct in the Courtroom.
