Time: Sat May 18 14:51:47 1996
Date: Sat, 18 May 1996 10:37:10 -0700
To: jon.roland@the-spa.com (Jon Roland), libertylaw@www.ultimate.org
From: pmitch@primenet.com (Paul Andrew Mitchell)
Subject: Re: LLAW: Godzilla is back!

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LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, USA
Tom Clark, JOP, Presiding.  Clerk & Bailiff: Majordomo@www.ultimate.org
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At 08:48 AM 5/18/96 -0700, Jon Roland wrote:
>At 21:17 96/05/17 -0700, Paul Andrew Mitchell wrote:
>>42 USC 1983 was _intended_ to apply to judges,
>>because it was written to prosecute judges who were conspiring
>>with the KKK against Southern blacks.   However, the judges have
>>ruled that they are not "persons" as the term is used in 1983.  
>
>As judges they are not persons subject to being a party to a suit, but they
>are as individuals. You don't sue them for their rulings, while serving as
>judges, but for their actions outside the sessions of the court, including
>in their chambers.
>
>--Jon

I have recently worked on a major brief challenging the doctrine of
judicial immunity for violating several provisions in the U.S. Constitution,
and two international treaties to which the U.S. is a party.  I can "attach"
the files, if you want them.  Mullis v. Bankruptcy court has upheld 
judicial immunity.  This is a 9th Circuit decision (again).  The treaties
guarantee effective judicial remedies, notwithstanding that the violations
were committed by persons acting in their official capacities;  they are
supreme Law pursuant to the Supremacy Clause.  Let me know if you
want the files.

      

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