Legal Question in Constitutional Law in Arizona

Please first assume that a Judge in a Federal Court issues a ruling that is unconstitutional.

Assume secondly that a subsequent Judge in Federal Court issues a ruling based on that unconstitutional rule.

Assume now that a citizen is and continues to be both economically and professionally damaged by this second ruling:

Does that citizen have "standing" to sue the court?

If so, and the citizen were to prevail, could that citizen collect damages?


Asked on 11/25/13, 4:01 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You can't successfully sue a court because of a decision it made. But you might be able to intervene in the same lawsuit and challenge the decision if it impacted you directly and if you act quickly enough. Or you might be able to seek relief by other means. The particular approach you asked about wouldn't work, but others might. I can't be more specific since I don't know enough about your situation.

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Answered on 11/26/13, 12:09 pm
Brian Strickman Strickman Law Office, PLLC

In answer to the individuals elements of your question. Is there technically standing, probably. That citizen's action would never go anywhere, because the judge has complete immunity to decisions that they render. Finally, the term unconstitutional is not a static term, if a court rules that something is constitutional than it is until it's overturned, etc.

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Answered on 11/26/13, 3:12 pm


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