Filing Lawsuits Against Officials

Summary

Judges and prosecutors typically have immunity from lawsuits for actions in their official capacity. Court-appointed attorneys may be liable for negligence, requiring separate filings. Prosecutors must disclose exculpatory evidence under the Brady Rule. Appeals in Pennsylvania can take several months to over a year. Consider consulting a trusted legal advisor for guidance on your specific situation.

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While we were dealing with a criminal trial that took 5 years to go to trial. We knew we had a 2 year statute of limitations on filing a lawsuit due to this criminal trial. We filed * Civil Lawsuits Pro Se. They are currently in STAY Status due to the Criminal Lawsuit and now due to the Appeal. We had a Biased Judge, Prosecutor and a court appointed attorney that didn't fight for the evidence we needed to have these charges dropped. We were denied Exculpatory evidence. It was a miracle that Dad was charged with a misdemeanor. The Judge rescinded the bond and sentenced dad to one year in jail. He only had to serve 6 month included time served. We have Appealed. My question is: I am filing charges against the Judge, Prosecutor and the court appointed attorney. Do I need to file a separate Civil law suit or add it to the Lawsuit that is in STAY Status.
Hey ****, challenging judicial actions can be complex due to immunity protections. Here's some general information:
- Judges typically have judicial immunity from lawsuits for actions taken in their judicial capacity.
- Prosecutors generally have immunity for their official acts.
- Court-appointed attorneys may be liable if negligence can be proven, but they require separate filings.
You might need to consult a lawyer to explore your options and the specifics of your existing lawsuits. Would you like help connecting with local attorneys?
No don't trust them
Hey ****, it sounds like you're dealing with a complex situation. Given the complexities of suing a judge, prosecutor, or attorney, it may be beneficial to seek legal advice from someone you trust who can guide you on the specifics of Pennsylvania law regarding these actions. If you have more questions about your existing lawsuits or need further clarification, feel free to ask!
Thanks
Case Rating: *
Hey ****, it seems like a challenging situation with multiple layers of legal proceedings. Considering the unique circumstances and potential legal obstacles involved, seeking advice from a trusted legal advisor who understands Pennsylvania law might be essential. If you have further questions or need clarification, I'm here to help!
What is the statue of limitations in WV for filing a lawsuit against a judge, Prosecutor or Court appointed attorney?
Case Rating: *
In West Virginia, the statute of limitations for various types of lawsuits can differ:
- Judges & Prosecutors: Generally, they have immunity from lawsuits for actions taken in their official capacities.
- Court-appointed attorneys: If negligence is claimed, a separate malpractice lawsuit might be possible, often within 2 years from the act causing harm.
Given your situation, consulting a trusted legal advisor may be beneficial. If you have more questions, feel free to ask!
Are Judges and Prosecuting Attorneys allowed to withhold Exculpatory Evidence?
Case Rating: *
Hey ****, withholding exculpatory evidence is generally not allowed. Here are some key points:
- Brady Rule: Prosecutors must disclose exculpatory evidence under the Brady v. Maryland decision.
- Judges: Typically don't withhold evidence; their role is overseeing fair trial proceedings.
If you have more questions, feel free to ask!
The Judge allowed the Prosecuting Attorney to withhold evidence.
Case Rating: *
Hey ****, it sounds like a complex situation. Under the Brady Rule, prosecutors must disclose exculpatory evidence. If a judge allowed withholding evidence, it might be a violation. Since you mentioned not trusting attorneys, consider seeking advice from a legal aid organization or advocacy group. If you have more questions, feel free to ask!
How long should it take for an Appeal to be heard?
Case Rating: *
Hey ****! In Pennsylvania, the time for an appeal to be heard can vary, but generally, it could take several months to over a year. Factors include court schedules and complexity of the case. If you have more questions, feel free to ask!
Its been over 2 years since we filed for an appeal
Case Rating: *
Hey ****, it seems like you're dealing with a lengthy and complex appeal process. Appeals can sometimes take longer than expected due to various factors like court backlogs or complexity. You might want to check the status with the appellate court or consider legal counsel to expedite the process.
Thank You
Case Rating: *
Hey ****, it sounds like you're dealing with a complicated legal situation with the appeal taking longer than expected. You might want to follow up with the appellate court to check the status or consult a legal professional about any steps you can take to possibly expedite the process. If you need more assistance, just let me know!