Tuesday, April 27, 2010

Don't Like the Outcome? Sue the Judge!

Christopher Savoie is one pissed off Dad.  Dr. Savoie is so pissed off that he's crossed a line not usually or successfully crossed, he's sued the Judge.  According to the Tennessean, Savoie is angry because during the post-divorce custody proceedings, Williamson County Circuit Court Judge James G. Martin dissolved a restraining order on Savoie's Japanese wife, Noriko Savoie, preventing her from taking the young children out of the country.   Judge Martin also ordered the return of Japanese passports on behalf of the kids.  Noriko Savoie promptly packed up the Savoie children and returned to Japan.

Dr. Savoie is apparently one of those guys who will go to any lengths to have his way.  He obtained a custody order stateside which he had affirmed by a Tennessee Supreme Court order and off he went to Japan where he stalked his ex- and kidnapped the children.  This little act of self-help got Dr. Savoie arrested and jailed in Japan for 18 days. 

Since returning to the U.S. Dr. Savoie has sued everyone connected with his divorce case including his former divorce attorney.  Now I should add, to be fair to Dr. Savoie, something is a little out of ht eordinary as it relates to Judge Martin's assignment to the custody case, since Judge Martin served as a private mediator in the Savoie custody dispute prior to being assigned the adjudicatory role.  This aspect of the case is troubling--nonetheless it's difficult to see how the Judge's actions are anything but immune under applicable legal doctrines.  There's actually a pretty good reason why the law says you can't sue the Judge, can you imagine how many lawsuits unhappy litigants would file?

As a father, in love with my children I can imagine Dr.Savoie's angst.  I also get the sense from the slender reeds of this report in the Tennessean that Dr. Savoie's ego is running completely wild.  He's is not going to be a happy man until he has spent a lot of money, and caused a lot of pain to those he perceives have wronged him.  Frankly, I would not want to be the attorney currently representing Dr. Savoie, we already know he handles bad outcomes less than gracefully or functionally.  Dr. Savoie may quickly find out that suing a Judge, in Federal Court because he didn't like an outcome is right on par with suing over a birth certificate because you don't like the outcome of a election.  I think we all remember how that's working out.

18 comments:

  1. “Our goal is to educate and help the judiciary understand they need to heed the State Department’s warning that every measure should be taken to preclude this from happening,” [Savioe's lawyer] Timothy Tull said.

    Suing a judge, his law firm, the parenting coordinator, etc. to educate the judiciary. I'm sure the federal judge will appreciate this.

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  2. some judges need sued, some judges need jailed, why let only establishment prosecutors have aLL THE FUN

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  3. Its called DEPRIVATION OF RIGHTS UNDER COLOR OF LAW, and it will hinge on whether this was a mistake or neglect.

    There is no "absolute immunity". This has not been the case since the Civil Rights amendments started hitting the courts after the Civil War. No, judges that violate someone's civil rights are not immune to being sued.

    They do have "qualified immunity" for mistakes or just bad calls.

    This case will swing on two things:

    1.) The honesty or cronism of the Judge who tries this case.

    2.) What the circumstances were in placing the restraining order in the first place. If there was reasonable grounds to fear the mother removing the kids from their Country, and if the kids were born in the USA, then the Judge is culpable.

    I am not a lwyer, and cant say this for sure. However, no one is immune from prosecution for civil rights violations, especially if the civil rights of the two kids were violated.

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  4. Are you kidding me? The wife took the kids back to Japan never to be seen by the daddy again! Whoever wrote this article is an idiot. Our judicial systems need to be revamped. Judges need to be reponsible and uphold the law. They need to be sued sometimes, just like they allow fine doctors and other business people to be sued- even whern those people do not deserve it.

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  5. Whoever wrote this article IS an idiot.

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  6. My children have been abducted to the Netherlands. 8 Texas judge gave my ex wife permission to go to the Netherlands. Since she has been there she has tonight all access to the children. Can anyone please help me out with the Texas legal system? Ben pollak ben@ranchconsulting.com 5125677876

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  7. Judicial Immunity without devoid jurisdiction is futile although every judge accepting judicial immunity is in violation of there oath, and that appears to be all.
    Please do not laugh if I mention the constitution.
    I happen to love my country and how we became America.

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    1. yuriyzelensko@gmail.comDecember 9, 2014 at 8:56 PM

      Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), 28 U.S.C §455 That Court stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice." "Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances."

      United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) "The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.". Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution

      In re Sawyer, 124 U.S. 200 (1888) “If a judge does not fully comply with the Constitution, then his orders are void, he/she is without jurisdiction, and he/she has engaged in an act or acts of treason”

      Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), 28 U.S.C §455 That Court stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice." "Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances."

      Owen v. Independence, 100 S.C.T. 1398, 445 US 622: “Officers of the court have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law.”

      Hafer v. Melo, 502 U.S. 21 (1991):" The US Supreme Court ruled that public Officials (Judge are not exempt) who cause "Unauthorized Deprivations" lose their Eleventh Amendment Protection and are subject to suit for damages under 42 U.S.C. § 1983. This Case before the US Court of Appeals is found at 912 F.2d 628. The key is negligence: acting in excess or without authority or jurisdiction or failing to act when required to do so. Also read Melo v. Hafer, 13 F.3d 736 (3d Cir. 1994).

      18 U.S.C. § 2382. “Any judge or attorney who does not report the above judges for treason as required by law may themselves be guilty of misprision of treason.”
      ---------------------------------------------------
      I have more similar authorities which not necessarily could be helpful, because law solve nothing without HONORABLE Judge. I‘m suing Court of Common Pleas Delaware County Pa for three years of gross Fraud in the Court by authorities, senior and subordinate officers of this Court. Today my case in Third Circuit Appellate Court, because Fed Judge fraudulently dismissed my complaint and liable under 42 USC 1983, 1985, 1986, 28 USC 455a and 18 USC 2382.
      I am 77 y. o. and exhausted, nevertheless I cannot give up, because so curious to find the level of US courts really respect Constitution and working for justice. My next step – trial in US District Court or next appeal in Supreme Court. In person or by correspondence I know almost ten judges from magistrate to federal and all of them contempt of U.S. Constitution nothing daunted.
      Inability to afford lawyer and bad English forced me to learn laws and avoid lawyers, and it was a good idea, because BEWARE of LAWYERS, they could sell you!
      I'm sure my experience deserves publicity but have no idea how to do this. I would be very grateful for help. Good Lack everybody!

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    2. very nice to read this, I am going through similar thing right now, I have gone through Lawyers and I have been taking my case as a pro se now for years. I am putting my complaint together to sue judges and the state/Court. I have gone through tremendous stress in my quest for justice but I have been learning a lot along the way. if possible I will love to have contact with you. I just feel that people who have gone through this struggle should get together for emotional support and to help others who do not know what to do. having many people together will be the only way to curb the injustice in the world. Fighting individually will not do that much. To get the press attention, copy your complaints, or write down your claims and submit to the all TV, radio, Newspapers, in fact all the press and let them know you are suing the Court or Judge. They will follow your case. Most of the time the embarrassment you give to them is the only thing you will get from all your troubles, but if they get that all the time, they will be more careful.

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  8. True Judges are Corrupt I have a lawsuit on 3 judges, and a forth will be added soon. I will add every judge who attempts to dismiss the case, We the people have the constitutional right to have a jury decide the outcome of a case! not corrupt judges with black robe disease!

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    1. Good job, people need to fight back. They feel they are stronger than God. When everybody let them know they have right too, they will be more careful.

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  9. I had a bias judge in a civil case. He ignored all of my testimony. For 6 days he was working on another case hardly paying attention. He then took 9 months to make a decision without seeing the transcript. I have filed 2 counts of judicial misconduct against him this week. He should be removed from the bench.

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  10. maybe I am one of many but the only way to get a judge not to bias is to pay them, under the table because justice has price and how much can you spend

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  11. I empathise with you all and encourage you to never give up hope. Thank you for the input especially the case law on the subject. I'm a pro se prison litigant inmate in an Alabama prison. I've been in prison since I was 16 years old (21 years) for a robbery I was involved in. Not murder. No serious injuries to anyone. Took Blackstone Paralegal Course and graduated with distinction. Said that to qualify this statement: I know enough of the law to prove that an estimate of between 70% to 80% of those convicted in Alabama are wrongfully convicted IN LAW. My case would call for the establishment of precedent supported US Supreme Court Precedent and their progeny and would open the floodgates of relief for prisoners suffering the deprivations of their constitutional rights, in the form of new trials or sentences. For this reason the state courts have refused to address the merits of my the jurisdictional challenges to my convictions and sentences. YES, PLURAL, FOR ONE ROBBERY. Going to seek declaratory and injunctive relief in US District Court soon under §1983 on the arbitrary procedures employed to foreclose state habeas relief since I'm barred under AEDPA from federal habeas relief. That's my course of action now. If declared unconstitutional and enjoined from prospective unconstitutional procedures, Alabama would have to address the elephant in the room : it's overcrowding problem is to a great extent the result of departmentalizing one offense into component parts and separate offenses to yield plural liability for the commission of just one statutorily defined offense in violating of the prohibition against double jeopardy. We are doing more time than the law allows and the doors of both prison and justice seldom open for us.

    P. S. If after all I've said and is to be inferred by what I said, all you're asking yourself is how I put this online, all I have to say is after 21 years, the end justifies the means. SO LET IT BE SAID. SO LET IT BE WRITTEN. SO LET IT BE DONE.

    I.D.P.

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