Judge McCree has lawsuit filed against him in federal court - Dallas News | myFOXdfw.com

Judge McCree has lawsuit filed against him in federal court

Judge Wade McCree (right) talks to Fox 2's Charlie LeDuff  (Credit: Fox 2 News) Judge Wade McCree (right) talks to Fox 2's Charlie LeDuff (Credit: Fox 2 News)
DETROIT (WJBK) -

Third Circuit Court Judge Wade McCree was censured last year for nude texting, then last week he was suspended without pay by the Michigan Supreme Court pending an official investigation into judicial misconduct.

McCree allegedly slept with a woman with a child support case before him and conspired to shake money out of the father's pockets.

Now that father, Robert King, has filed a suit in federal court against McCree asking for validation that he was done wrong for an unspecified amount of money and a restoration of the dignity of the court.

"This is a case about a constitutional violation by Wade McCree and Miss Mott, who conspired to deprive my client, Robert King, of his 14th Amendment and 5th Amendment due process rights," said attorney Joel B. Sklar.

But you can't sue a judge.  They have immunity.

"In this case there is no immunity because all the acts that took place are known as non-judicial acts.  A non-judicial act is something that is not protected by immunity, and I am confident... that Judge McCree cannot avail himself of any immunity nor can Miss Mott whatsoever," Sklar told me.

So they're suing on the grounds of pillow talk?

"I guess we are," said Sklar.

"Basically it's to bring awareness.  It can't happen.  How can it happen?  Judges are supposed to be the most honest people plain and simple.  That's what we were all taught.  When we go in front of a court of law, we swear on a Bible.  That's something that they swear to when they took the seat.  And how can you do this?  You can't do it to anybody.  It's not just me.  Now you've got to backtrack and pay attention to what's going on," King remarked.

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