Forrester v. White

Supreme Court of the United States · Torts

TortsSection 1983Judicial ImmunityOfficial Immunityabsolute immunityjudicial actsadministrative actsfunctional approach

Facts

Judge White, an Illinois circuit judge, had statutory authority to hire and remove adult and juvenile probation officers. He hired Cynthia Forrester as a probation officer, later promoted her to a supervisory juvenile court project position, then demoted her and discharged her. Forrester sued, alleging that the demotion and discharge were based on sex and violated the Equal Protection Clause. The jury found sex discrimination and awarded damages under § 1983, but Judge White later obtained summary judgment on judicial immunity grounds.

Issue

Whether a state-court judge has absolute immunity from a § 1983 damages suit for decisions demoting and discharging a subordinate court employee. More specifically, the question is whether those personnel decisions are judicial acts or instead administrative acts outside absolute judicial immunity.

Rule

Official immunity is determined by a functional approach that looks to the nature of the function performed, not the identity of the actor. Absolute judicial immunity protects judicial or adjudicative acts, but it does not extend to administrative, legislative, or executive functions a judge may perform, including personnel decisions such as hiring, demoting, and firing court employees.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Columbus, Ohio, Judge Elena Morris terminated Noah Patel, a courtroom scheduler for the county court, after Patel publicly complained that Morris favored male employees for promotions. Patel brings a § 1983 damages action alleging sex discrimination and retaliation in violation of equal protection principles.

Is Judge Morris most likely entitled to absolute judicial immunity from Patel’s damages suit?

Explanation. Absolute judicial immunity turns on the nature of the function performed, not the identity of the actor. Hiring, supervising, demoting, and firing court employees are administrative acts, even when important to court operations. Because the challenged act is a personnel decision rather than an adjudicative act resolving a dispute, absolute judicial immunity does not apply. The opinion did not hold that judges never have absolute immunity, only that it is limited to judicial or adjudicative acts. (Derived from Forrester v. White (n.d.).)