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No, what they're doing is legally acceptable, though obviously a delay tactic. They're suing him in his capacity as a judge, not as an individual.
But at best its an uphill battle. Judges get immunity from suits just like cops. Otherwise the courts would be bogged down with lawsuits from every case where one side disagrees with a ruling.
Of course. It's not a suit in good faith, it's just another delay tactic.