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California Coalition Files Reply Analyzing History of Judicial Immunity to Strike it Down

p1 JOINT CONSOLIDATED REPLY BRIEF CoverFebruary 6, 2015—San Diego, CA—California Coalition today announces filing of its Reply and Response Brief in the United States Court of Appeals for the Ninth Circuit.  In its brief, California Coalition responds to the fourteen Answering Briefs of Family Court judges, psychologists, divorce lawyers, social workers, and others within the Domestic Dispute Industry.

California Coalition’s Reply Brief sets forth seven main themes:

1. Establishing fundamental federal rights to familial association which the Family Court judges have attacked;

2. Attacking immunity of family court judges—providing the Court of Appeals for the Ninth Circuit a detailed historic analysis of the immunity doctrine that is required under the recent United States Supreme Court case of Rehberg v. Paulk;

3.  The leading Ninth circuit case granting a broad judicial immunity–Ashelman v. Pope–is abrogated law and should be overturned;

4. Commission on Judicial Performance is not entitled to Eleventh Amendment immunity;

5. Ninth Circuit cases applying ancient “code” and “form” pleading are abrogate, yet still cited improperly, and should be overturned;

6. The California Public Records Act section prohibiting publication of state officials’ home addresses is unconstitutional; and

7. Family Court judges and others filed improper “cross-appeals” that should be dismissed.

Details of California Coalition’s analysis in its Opening Brief is here.

Details on WeightierMatter here.