You Can’t Sue the Judge, or Can You?

February 20, 2018  |  New York Law Journal

Although judges are sometimes attacked in public comments outside the courtroom, those of us who practice regularly before the courts operate on the assumption that judges are broadly immune from attack within the legal system. In this article, we analyze a recent decision in Zappin v. Cooper by Southern District Judge Katherine Polk Failla, discussing a surprising gap in judicial immunity accorded to New York state judges, and ultimately dismissing the claims against a judge on alternative grounds.

You Can’t Sue the Judge, or Can You? (pdf | 374.95 KB)