Sacramento County Superior Court Judge, Peter J. McBrien, may lose his "immunity" status because of serious misconduct in  a Family Court case.  His actions rendered the trial fundamentally unfair and denied the litigant, Ulf Carlsson his due process rights.

Message from CA Protective Parents Association:

In response to Ulf Carlsson's pro per arguments in Federal court where he is suing Judge McBrien for damages, the magistrate recommended rejecting Judge McBrien's immunity defense. This means -- assuming the judge adopts the recommendations -- that Ulf's amended complaint against the judge will go forward!

This is a very important precedent, because judicial immunity is very rarely breached. In this case, it was argued that what the judge did was non-judicial in nature (calling a litigant's employer to claim, falsely, that the litigant had committed a crime and should be fired), and that this act was unrelated to any issue properly before the court. On this basis, the magistrate has just concluded that there should be no immunity.

Many protective parent cases have involved judicial misconduct that might open a judge to a civil suit -- except for the barrier of immunity. This is the first time we have seen this sort of success with this issue; for that matter, we are not aware of anyone else getting anywhere with it before now.

The significance of this magistrate's decision is obvious. If it's upheld by the judge, and this case goes forward to trial or settlement, there will be a working precedent for holding judges accountable at least when they act completely outside the scope of their jurisdiction and judicial function.

Learn more:

http://www.metnews.com/articles/2010/mcbr010610.htm
http://cjp.ca.gov/userfiles/file/Public_Admon/McBrien_04-25-02.pdf
http://cjp.ca.gov/userfiles/file/Censures/McBrien_01-05-10.pdf

 


It is CPPAs firm policy never to ask for donations. We are making this one exception due to the huge potential for the general good. This judge inadvertently helped create CPPA due to his propensity for placing children with their identified pedophiles for the past 20 years. He gave Josie Cohen's beloved son (see www.protectiveparents.com) to the father whom the son positively identified as his rapist. We believe the stress ultimately cause Josie's early, tragic death.

Ulf is completely out of money to pay for legal support for the next step. He has been ruined financially by Judge McBrien, yet is still waging a David and Goliath battle on behalf of all ruined family court litigants. Please join me in donating to Ulf for this potentially landmark case. Checks can be made out directly to Ulf Carlsson (or if you want a tax write off, to CPPA with "Ulf Carlsson" at the bottom) and send to POB 15284, Sacramento, CA 95851.


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