08/31/2026
ATTORNEY SUES FAMILY COURT JUDGES UNDER 42 U.S.C. § 1983 - CASE STILL PENDING
Montgomery County, Maryland
Nathan Charles is an attorney, a father, and a former DOJ National Security Division attorney. He sued Montgomery County family court Judges Bonifant, Fogleman, and Leibowitz in federal court under 42 U.S.C. § 1983, claiming retaliation in his own divorce case. The case is still active as of today, August 31, 2026.
On August 7, a magistrate recommended dismissal. On August 19, Charles filed a 20-page objection. On August 20, District Judge Paula Xinis said she will decide it by separate decision.
42 U.S.C. § 1983 is the federal law that lets you sue state officials in federal court when you claim they violated your constitutional rights. Charles filed on October 3, 2025, as 8:25-cv-03302 in Maryland District Court. He represents himself.
Here is what he says happened:
SANCTIONED FOR BEING GREEDY.
Charles offered his ex-wife more money to settle than she was awarded at trial. The court did not allow him to show those settlement offers to prove good faith, then sanctioned him for litigating in bad faith to deny her reasonable relief.
SANCTIONED $23,680 FOR AN ANGRY ATTITUDE.
The magistrate's report describes a warning that Charles would be ordered to pay fees if he continued what it called an "angry attitude." Charles argues that being angry is not a sanctionable offense, and that courts can punish frivolous filings, not tone or viewpoint.
SANCTIONED $68,588.39 TWICE FOR THE SAME AMOUNT.
The Appellate Court vacated the financial awards and ordered the trial court to recalculate actual income and justify any fees. In July 2026, Judge Fogleman reinstated the same $68,588.39 without new calculations and without identifying what conduct was sanctionable.
$1,221 FEE FOR CONTEMPT, BUT NO CONTEMPT FINDING.
His ex-wife filed a contempt petition over bank accounts. Charles transferred the accounts. She withdrew the petition. No judge found him in contempt. On July 23, 2026, the court reinstated a $1,221 fee tied to that withdrawn petition.
EVALUATOR SAID FIT DAD, COURT KEPT SUPERVISED VISITS.
The custody evaluator found Charles to be a fit and loving parent and did not recommend heavy supervision. No qualified professional found him dangerous. The court ordered supervised visits anyway. Charles completed both therapy options the court gave him, and the court kept supervision in place.
VA DOCTOR OFFERED TO TESTIFY, COURT SAID NO.
When his VA treatment provider offered to testify that he is stable and fit, the court required in-person testimony that the VA does not allow and refused to allow remote testimony.
SUED IN FEDERAL COURT, 8 DAYS LATER FACED A FILING BAN.
Charles filed this federal civil rights case in October 2025. Eight days later, Judge Bonifant started the process to limit his filings in his divorce case. After three hearings, the court went silent for five months. Then, less than 48 hours after Charles filed a motion criticizing Judge Fogleman for reinstating the $68,000 fee, Judge Bonifant issued the filing ban.
BANNED TO ONE MOTION A WEEK, FOREVER.
Judge Bonifant issued an order limiting Charles to one motion per week, with no deadline for a ruling, no emergency exception, and indefinite duration. It applies to future cases as well. The court ordered Charles to defend about 90 prior filings without identifying which ones were considered excessive. The specific filings were only named in the final order, after he no longer had a chance to respond.
WHAT HAPPENS NEXT:
District Judge Paula Xinis will now review the magistrate's recommendation de novo. She will decide whether the case moves forward on the 162-page Fifth Amended Complaint, which now includes Charles's two minor children as plaintiffs identified only by their initials to protect their privacy, and adds new allegations of retaliation continuing through July 2026.
WHY THIS CASE MATTERS:
This is bigger than one father. This is a national crisis. Across the country, pro se litigants in family court are turning to federal court under 42 U.S.C. § 1983 to sue judges. It is happening more and more because parents feel they have nowhere else to go.
For years, they have been waiting for an attorney to actually do it and to take it all the way through. Not to settle. Not to quit.
Nathan Charles is a father who happens to be an attorney, and a former DOJ National Security Division attorney, who is representing himself and refusing to back down.
Pro se litigants will be following this case closely. If he can get justice, they may be able to follow suit.
Have your civil rights been violated by a family court judge? Are you thinking about filing a 42 U.S.C. § 1983 lawsuit? We want to hear from you.
WTPP News - Federal Court Watch