Monday, January 5, 2009

Law Prohibits Judges From Being Sued

A federal appeals court issued a warning to a lawyer that she could face sanctions if she keeps trying to sue local judges.

8th U.S. Circuit Court of Appeals: "We take this opportunity to warn the plaintiffs that future frivolous appeals in this court - including any frivolous petitions for rehearing - will result in the imposition of sanctions."

The opinion affirmed a ruling made by U.S. District Judge T. John Ward concerning a lawsuit filed by attorney Claudene Arrington. The lawsuit named Cass County Judge Donald Dowd; 5th District Judge Ralph Burgess; Morris Dees of the Southern Poverty Law Center; Longview attorney Glenn Perry; local attorney Tommy Johnson; nursing home owner Ann Ellisor; and Lenda Beachum, a relative of one of the men Arrington claims to represent.

Arrington filed the suit when Dees and Perry continued their involvement in the affairs of Billy Ray Johnson even after they litigated and won a $9 million judgment for the mentally handicapped man in a civil lawsuit in April 2007.

During a September hearing before Burgess to address the status of Johnson's guardianship and special-needs trust, Burgess asked Arrington about her position on Johnson's abilities.

"Are you saying a fraud has been committed on this court?" Burgess asked when faced with the proposition that Perry and Dees and the medical experts had made false statements during the civil trial.

Ward dismissed Burgess and Dowd from Arrington's federal lawsuit citing laws that prohibit judges from being sued when working in their official capacities.

Full Article and Source:
Court warns lawyer about frivolous suits

See also:
SPLC Seeks Damages for Injured Man

Linden, Texas: Trust set up for Billy Ray Johnson

Suit filed over which attorney works for beaten man

2 comments:

Anonymous said...

This just burns my toast!

We are indeed a nation of the lawyers, by the lawyers, and for the lawyers -- and they take full advantage of every opportunity to protect their society.

Anonymous said...

What a joke, except I am not laughing.