linda_chalat_injuryboard_coloradoIn a highly unusual ruling, yesterday the Colorado Court of Appeals ruled that three siblings severely abused in the home of their biological mother and later in foster care can pursue their lawsuit against Adams County social workers who allegedly failed to protect them and deceived their adoptive parents about the extent of their problems.

In the summer of 2002, the siblings — then ages 9, 6 and 3 — were adopted by a couple who only learned about the history of abuse on the eve of the adoption. The children were engaging in incestuous acts with each other, and one became suicidal and had to be removed from the adoptive home.

A judge's complete protection from personal liability for exercising judicial functions.

Judicial immunity protects judges from liability for monetary damages in civil court, for acts they perform pursuant to their judicial function. A judge generally has Immunity from civil damages if he or she had jurisdiction over the subject matter in issue. This means that a judge has immunity for acts relating to cases before the court, but not for acts relating to cases beyond the court's reach. For example, a criminal court judge would not have immunity if he or she tried to influence proceedings in a juvenile court.

Some states codify the judicial immunity doctrine in statutes. Most legislatures, including Congress, let court decisions govern the issue.

Also see article on How To Sue A Judge and always remember, case law is ALWAYS changing.

Here is a selection of case/reference citations regarding judicial immunity when personally suing a Judge for money damages, from the collection of former Phoenix, AZ Attorney Robert A. Hirschfeld, JD. (Warning: Look up and read the cited case for consistency with your situation, before citing it in your own brief.)

When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost. Rankin v. Howard, (1980) 633 F.2d 844, cert den. Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326.

Robert Stout is an electrician, not an expert on child welfare. But he knew something wasn’t right when he saw a young boy lying in a fetal position on the bedroom floor during a 2008 service call to a Colorado Springs townhouse.

The boy’s eyes were open, but he was motionless. The room reeked of urine.

He called police about an hour after leaving the house, and an officer went out that day.

It would be another 17 months before the 14-year-old boy was removed from the home. Another few months would go by before his five sisters, also showing signs of neglect, were taken from the home and put in foster care.