How does one sue a State Court in Federal Court when the State Court violated a party’s due process rights and equal protection in their Order?

Do you name the Court as the Defendant?

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Not to sound harsh, but if this is a question you’re asking the internet, you are probably better off spending your time trying to find a more senior attorney to help you evaluate the situation before you go too far down a research rabbit hole.

likesmartfunny

Agreed - This sounds like an uphill fight. Ask those Westlaw research attorneys for a tailored Boolean search and check those yellow flags.

This sound like a writ of prohibition or mandamus issue. I would start by looking into the procedure for that.

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You sue the judge under 42 USC 1983. Good luck though (absolute judicial immunity). You’re way better off appealing.

*appealing the state court order and asserting your constitutional claims in your appeal

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No idea, but I feel like you’d probably need to sue the individual judge to avoid 11th Amendment issues.

All correct above.

I seriously doubt you would get past judicial immunity. Better off appealing, hoping for a circuit split, and then off to the Supremes!

Definitely safer to appeal the order and be mindful of the deadlines for appeal in state court. If another attorney already blew the deadline and this is a criminal case, you may want to explore if you have post-conviction relief options. Ineffective assistance?

This is for a civil suit on a post-trial discovery order where the party damaged will just be seeking a declaratory judgment that the Judge’s Order is void

Anti injunction act. My favorite statute. We routinely handle these complex federal court issues ~ joe@ott.law or 314-293-3756 if you would like to chat

Take an appeal in state court. There’s numerous problems bringing that in federal court.

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