AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies
& Personnel
Defenses: Absolute Judicial Immunity
State prosecutor
and trial judge were both entitled to absolute immunity from liability
from arrestee's claim that they conspired together to have him arrested
on false charges by having an arrest warrant issued concerning traffic
offenses which they allegedly knew had previously been dismissed. Lyghtle
v. Breitenbach, No. 04-3296, 139 Fed. Appx. 17 (10th Cir. 2005). [N/R]
Montana Supreme
Court overturns, as erroneous, its prior decision that judicial and quasi-judicial
immunity provided local governmental units in that state immunity from
liability under 42 U.S.C. Sec. 1983, overruling Reisdorff v. County of
Yellowstone, 989 P.2d 850 (Mont. 1999). Miller v. City of Red Lodge, No.
01-517, 65 P.3d 562 (Mont. 2003). [N/R]
346:147 Alabama magistrate's action
of mistakenly faxing warrant recall order to police upside down, so that
only a blank page was received, was an administrative act not requiring
the exercise of discretion, so that she and the city which employed her
were not entitled to judicial immunity from false arrest/imprisonment lawsuit
arising from subsequent arrest under withdrawn warrant. Bayou La Batre,
City of, v. Robinson, No. 1990411, 785 So. 2d 1128 (Ala. 2000).
332:115 Local court system in Pennsylvania
which employed officer who allegedly improperly arrested plaintiff and
used force against him was not a "person" for purposes of a federal
civil rights lawsuit. Callahan v. City of Philadelphia, #99-1816, 207 F.3d
668 (3rd Cir. 2000).
Missouri appeals court holds that sheriff
who acted pursuant to judge's order was protected against suit by absolute
judicial immunity as long as judge was entitled to judicial immunity for
ordering defendant to return to serve out sentence Nelson v. McDaniel,
865 S.W.2d 747 (Mo App. 1993).