In Caught.net & The Pro Se Way, former Phoenix, AZ Attorney Robert A. Hirschfeld, states:
- Cooper v. O’Conner, 99 F.2d 133.
“There is a general rule that a ministerial officer who acts wrongfully, although in good faith, is nevertheless liable in a civil action and cannot claim the immunity of the sovereign.”
- Rankin v. Howard, (1980) 633 F.2d 844, cert den. Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326.
“When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost.”
In Rankin v. Howard, 633 F.2d 844 (1980) “the Ninth Circuit Court of Appeals reversed an Arizona District Court dismissal based upon absolute judicial immunity, finding that both necessary immunity prongs were absent…”
- …later, in Ashelman v. Pope, 793 F.2d 1072 (1986),
“the Ninth Circuit, en banc , criticized the “judicial nature” analysis it had published in Rankin as unnecessarily restrictive. But Rankin’s ultimate result was not changed, because Judge Howard had been independently divested of absolute judicial immunity by his complete lack of jurisdiction.”
- Stump v. Sparkman, id., 435 U.S. 349.
“Some Defendants urge that any act “of a judicial nature” entitles the Judge to absolute judicial immunity. But in a jurisdictional vacuum, (that is, absence of all jurisdiction) the second prong necessary to absolute judicial immunity is missing.”
- Piper v. Pearson, 2 Gray 120, cited in Bradley v. Fisher, 13 Wall. 335, 20 L.Ed. 646 (1872)
“Where there is no jurisdiction, there can be no discretion, for discretion is incident to jurisdiction.”
- Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938)
“A judge must be acting within his jurisdiction as to subject matter and person, to be entitled to immunity from civil action for his acts.”
- Gregory v. Thompson, 500 F2d 59 (C.A. Ariz. 1974)
“Generally, judges are immune from suit for judicial acts within or in excess of their jurisdiction even if those acts have been done maliciously or corruptly; the only exception being for acts done in the clear absence of all jurisdiction.”
- Little v. U.S. Fidelity & Guaranty Co., 217 Miss. 576, 64 So. 2d 697(2011)
“When a judicial officer acts entirely without jurisdiction or without compliance with jurisdiction requisites he may be held civilly liable for abuse of process even though his act involved a decision made in good faith, that he had jurisdiction.”
- Marbury v. Madison, 1 Cranch 137 (1803)
“… the particular phraseology of the constitution of the United States confirms and strengthens the principle that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.”
- Ableman v. Booth, 21 Howard 506 (1859).
“No judicial process, whatever form it may assume, can have any lawful authority outside of the limits of the jurisdiction of the court or judge by whom it is issued; and an attempt to enforce it beyond these boundaries is nothing less than lawless violence.”
- Hoffsomer v. Hayes, 92 Okla 32, 227 F 417.
“The courts are not bound by an officer’s interpretation of the law under which he presumes to act.”
Click here to listen to epic marathon broadcast:
TANIA MCCASH’S ORDEAL WITH HER RAILROADING JUDGE (STEPHEN V. MANLEY):
TO FILE A COMPLAINT FORM AGAINST AN ABUSIVE, PREJUDICED JUDGE FOR SENDING A MOTHER OF THREE TO JAIL FOR COMMITTING NO CRIME:
Download the form:
- Judge Steven V. Manley, is Oppressive, Revengeful, & presents a clear showing of prejudice against females, and those that come before his court as alleged “Pro se Litigants”. He exhibits the inability/disability to discharge the duties of his office to impartially & unbiased; to separate the drug defendants from defendant No. 1 from defendant No 293.
- When litigants choose to be “Pro Se” due to the failure of their attorney to bring their skills to their defense, the said Manley and the Public Defender at the time of the case enact a sinister plot of entrapment to Misuse & Abuse the Incompetent to Stand Trial procedures for the improper purpose of retaliating against those litigants for rejecting that office.
- Judge Stephen handles alleged “Pro Se(s)” in a very prejudicial & discriminatory manner within his courtroom. Judge Manley deceptively tells “Pro se(s)” that they cannot discharge their Public Defenders because they have been deemed incompetent, and they have to keep them.
- Subsequently, the Public Defender Attorney ABANDONS the client, and Judge Manley, then, condemns the Defendant to state custody and imprisonment without the benefits & Choice of Counsel. This is a violation of the Sixth Amendment right to Counsel; which is a Criminal Official Act & Misconduct within itself.
- The Acts of Judge Stephen V. Manley is a clear abuse of his discretion, a direct conflict of constitutional safeguards, and the guaranteed protections of Defendants’ substantive rights that come before him. Judge Manley is a DANGER to the very community he is supposed to serve and swore to protect.
- Judge Manley’s actions are Egregious and unbecoming behavior and attitudes of a Public Official. We, the People, are highly concerned that such a person sits at the seat of judgment of anyone.
- We the People, demand a full investigation into the actions, Maltreatment, and prejudicial discrimination against alleged “Pro Se Litigants” that come before him in his court. This is true especially in his blatant distainment of one litigant Tania Rosemary McCash bearing Criminal Case No.: C_1653807.
- The Law is very clear: that one cannot be condemned to Jail without the representation of an attorney 2. to allow Public Defenders and it’s Office to Abandon a Defendant is a Clear Travesty of Justice, and 3. to add insult to injury; to imprison a Defendant for Exercising a Constitutional Protected Right is an Assault & Battery on her person. This is an unattainable Plain Error of the Court that cannot STAND.
- We the People DEMAND that Judge Stephen V. Manley be REMOVED FROM OFFICE EFFECTIVE IMMEDIATELY & THE POLITICAL PRISONER Tania Rosemary McCash be set Free Immediately and removed from his TYRANNY effective immediately.
- Judge Stephen V. Manely is oppressive; retaliatory; treats women differently than men; doesn’t treat everyone the same way; discriminates and retaliates against Pro Se litigants; deceives Pro Se defendants into believing that they are being represented by public defendants (so, he can send them to jail illegally).
- Judge Manley is dangerous and detrimental to the community at large. His actions are egregious and unbecoming of that of a public official. We, The People and concerned citizens, are witnesses to the travesty of justice (criminal activity, unlawful behavior of a public official who makes a mockery of the constitution and our legal system while in court).
- Judge Manley is the personification of willful misconduct while in office. Therefore, we DEMAND an immediate investigation of this “judge” for egregious and unbecoming acts of this public official to vent his spleen and retaliate against an alleged Pro Se litigant: Tania McCash.
- This mother or three is retaliated against, by the said judge, for merely exercising her constitutional and legal right to file papers and defend herself.
“JUDGE” MANLEY’S ACTS ARE CRIMINAL WITHING THEMSELVES AND HE MUST BE REMOVED.
Dear fellow freedom-screamers! Let me make this abundantly clear. The Federal Bureau of Investigation never has been and never will be seeking justice in any way. They are a damage control squad. They locate the people with evidence and suppress them along with their evidence. You are immediately flagged as a target the second you approach or contact any FBI agent or police officer. I personally contacted Ken Lanning, the director of training for FBI agents specializing in missing and abused children in Quantico, Virginia. His website is MissingKids.org. When I explained to him that we obtained evidence of ritual child sex abuse, he threatened me with possession of child pornography and refused to help the child in any way. What he was doing was absolutely evil, targeting the truth-teller and protecting the abusers. The sole purpose of the FBI is to protect the corrupt government and its associated corporations. Remember, any time you contact any FBI agent, a case is immediately opened on you and you become a targeted individual.