Can an FTCA claim against the US be brought in the DC district courts?

[fedupoldman]

I have a case involving a federal district judge taking a non-judicial act. Because it is non-judicial, it is not protected by judicial immunity.

But, do I have to bring the case in his own court? I don't want the judge who presides over this case to be partial towards his comrade.

Under the FTCA, the U.S. is liable to the same extent the judge is liable, as long as the judge isn't protected by judicial immunity. Therefore, the U.S. is the Defendant, and under 28 USC § 1391(b), claims are to be brought in the district in which the Defendant resides, and the U.S. is headquartered in D.C.

Can I bring the claim in the district of columbia?

 

[tranquility]

Can I bring the claim in the district of columbia?

No.

Suing a judge for non-judge actions is called suing a person. Either the judge was doing judging at the time (Where the U.S. could arguably have vicarious liability.[Of course, with the immunity problem.]) or he wasn't. Which was it?

IF there is a federal subject matter jurisdiction and you can sue in federal court regarding whatever wrong you think you suffered, all district courts would have jurisdiction. That's where you have to start thinking about venue--which is the real question. (By the way, you don't sue things but people.)

So, in your little question, I saw three major errors of basic law. I suggest you have an attorney review your "case" before you file so that you don't end up paying for the government's attorney for a frivolous lawsuit.

 

[Zigner]

(By the way, you don't sue things but people.)

One can sue their state.
One can sue the federal government.
Heck, one can sue Walmart.

Perhaps that didn't come out the way you meant?


(Not arguing with your post - just asking for clarification on that )

 

[tranquility]

One sues the governor of the state or one sues the president or one sues the administrator in charge of the particular governmental organization in charge of the problem. One does sue Walmart, but the corporation is a fictional person. (As in the recent campaign limits supreme court decision.)

If you look at a lawsuit against CA, you would see Edmund G. Brown as the defendant.

Info edit:
Federally, I think we go with FCRP Rule 17. I know it's not that clear, but that's my guess.

(b) Capacity to Sue or Be Sued. Capacity to sue or be sued is determined as follows:

(1) for an individual who is not acting in a representative capacity, by the law of the individual's domicile;

(2) for a corporation, by the law under which it was organized; and

(3) for all other parties, by the law of the state where the court is located, except that:

(A) a partnership or other unincorporated association with no such capacity under that state's law may sue or be sued in its common name to enforce a substantive right existing under the United States Constitution or laws; and

(B) 28 U.S.C. §§754 and 959(a) govern the capacity of a receiver appointed by a United States court to sue or be sued in a United States court.

 

[Zigner]

Interesting...