Can My Mother Sue A Sheriff for wrong judgment?

Question

I want to live with my mother in Kansas City. I am in Memphis (Cordova) TN right now. I was in Kansas City and my mother went through alot to get a temporary court order for custody. It was until we got to the court date in Memphis in Nov. We had all the paperwork And my dad came to Kansas to get me and he brought sheriffs to get me. My mother showed them the paperwork but they kept on sayin we dont have jurisdiction. But the Judge said that we did. They wouldnt listen. So we did all of that and I had to go back. Come to find out we had jurisdiction and they made the wrong descision. Can she sue them for that?

p.s. Court date is in Nov. but now we are trying to get an Emergency Court Date In Two or Three days!

Answer 1

No you may not.  Most local and state enities are protected by law from lawsuits of this type.

Sounds like you have had a rough ride so far, hang in there!

Answer 2

No, law enforcement agencies are typically exempt from suit due to judgment calls.  Your father showed up with paperwork showing he had full custody, and it was issued in your home state.  They were correct as long as the original court doesn't rescind the custody agreement that TN would have jurisdiction over your location.

I'm not sure how your mother got a judge in MO to issue a custody court order, but if it was temporary until the original jurisdiction gave a decision then they probably were right in their interpretation.  Even if they weren't, she can't sue them for deferring to the original court.

Sorry, hope it works out for you in the end.  Make sure you go to court where your father has his papers from and tell the judge you want to live with your mother.