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Senator Edward Kennedy — Part 25
Page 81
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Judges from both the Court of Appeals and District Courts, Law
Clerks, Court Clerks, and the Judicial Council of the Eighth
Circuit. While named in his complaint, plaintiff fails to assert
any facts to support his accusations of constitutional violations
against these defendants. Plaintiff makes allegations of
extortion, distortion, complicity, racketeering,
obstructing justice, fraud, deceptions, made routinely as
a matter of course, false, fictitious and fraudlent
statements, writings, documents, entries,
representations, deliberately misapplications of law‘and
facts, and conspired to conceal and coverup knowing these
were crimes against Plaintiff. . . distorted court files
and records among multitude other criminal acts, and
engaged in an ongoing criminal coverup conspiratorial
agreement to conceal these crimes and deprivations of
Plaintiff’s Civil and Constitutional Rights for over
nineteen (19) years unabated. =. .
Plaintiff’s Sixth Amended Complaint, p. 2, @ 3, however, he
completely fails to allege any facts to support his claims and his
conclusory statements of alleged constitutional violations.
In addition, any alleged violations asserted against the named .-
Justices, Judges, and Magistrates are brought against these
defendants. in. their official capacity. As such, defendants are
protected from suit by judicial immunity. Judicial immunity
shields judges from individual liability for “acts committed within
their judicial jurisdiction." Cleavinger v. Saxner, 474 U.S. 199
(1985), quoting Pierson v. Ray, 386 U.S. 547, 553-54 (1967).
Therefore, a judge will be subject to liability "only when he has
acted in the clear absence of all jurisdiction." Stump_v.
Sparkman, 435 U.S. 349, 356-57, reh’q denied, 436 U.S. 951 (1978).
It is patently clear, based upon the above discussion and in light
~
of the conclusory allegations brought by plaintiff, that all
5
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