LITIGANT CAN SUE COURT OFFICIALS HE SAYS PLANTED FAKE RESTRAINING ORDER IN FILES

A Florida man can pursue a suit against three New Jersey court employees he claims had a phony restraining order filed against him, the U.S. Court of Appeals for the Third Circuit says. The judges held on Feb. 15 that a district judge, though correct in finding Eleventh Amendment immunity shielded the employees from suit in their official capacities, erred in dismissing the claims lodged against them personally. U.S. District Judge Anne Thompson had applied a doctrine that generally requires federal courts to abstain from reviewing state court decisions, except where specifically authorized.

Link to the case: www.ca3.uscourts.gov/opinarch/122429np.pdf

Source: alm-editorial-us.msgfocus.com