New opinion — fathers challenging NJ’s child-custody laws can’t sue judges

Allen v. DeBello — civil — affirmance — Fuentes

The Third Circuit today held that a 1983 challenge to New Jersey’s child-custody law that named New Jersey judges as defendants was barred by judicial immunity because judges making custody rulings are acting as judicial arbiters rather than enforcers. The plaintiffs are fathers who alleged that child-custody laws in practice favor mothers.

Joining Fuentes were Ambro and Shwartz. Arguing counsel were Paul A. Clark of Jersey City (whose website is unusual) for the fathers and Benjamin Zieman for the state.

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