Tuesday, March 31, 2009

Ciavarella Displays Judicial Chutzpah

In what I would describe is judicial chutzpah Mark Ciavarella has filed a motion seeking dismissal of at least one federal lawsuit filed against him by juveniles who seek compensation for allegedly being unjustly sent to a juvenile detention center. The story is featured on the late edition of the Times Leader.com

Ciavarella cites case law that says judges are not liable for civil actions for judicial acts, even when such acts exceeded their jurisdiction or were alleged to have been done "maliciously and corruptly."

His demeanor on 20/20 appeared arrogant to most viewers including this one. The Hebrew word would be "khatsuf". To openly admit that he could be corrupt and not be sued for his actions offends the descent conscience of any man or woman. You can read Ciavarella's Motion to Dimiss by clicking here. To deny these children from being made whole is reprehensible.

Ciavarella cites this case from 1871 as prescedent for his position.-Bradley v. Fisher, 80 U.S. 13 Wall. 335 335 (1871)

On a related note a caller to Steve Corbett this evening stated that Luzerne County has $2 million in liability coverage with a $50,000.00 deductible. If Luzerne County lost in a lawsuit and the damages exceed $2 million the county would have to float a bond to make the payment according to information the caller received from Luzerne County Commissioner Steve Urban.

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