Howard Waco, a Los Angeles County public defender, alleged that after he failed to appear for the initial call of Judge Raymond Mireles' morning calendar, Mireles ordered police officers to forcibly seize and bring Waco into the courtroom. Waco alleged the officers used unreasonable and excessive force, including removing him backwards from another courtroom, cursing him, and slamming him through doors and gates into Mireles' courtroom. He further alleged that Judge Mireles knowingly and deliberately approved and ratified the officers' conduct. Waco sought general and punitive damages under § 1983.
Issue
Whether a judge is deprived of absolute judicial immunity from a § 1983 damages suit when he allegedly ordered police officers to bring a lawyer before the court using excessive force. Also, whether such conduct was taken in the complete absence of all jurisdiction.
Rule
Judicial immunity is immunity from suit, not merely from ultimate liability, and it is overcome only in two circumstances: (1) for nonjudicial actions, meaning actions not taken in the judge's judicial capacity, and (2) for judicial actions taken in the complete absence of all jurisdiction. In deciding whether an act is judicial, courts examine the nature and function of the act and its relation to a general function normally performed by a judge, not whether the particular act was erroneous, improper, malicious, or in excess of authority.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Phoenix, Judge Elena Soto was presiding over a pending criminal case when defense counsel, Marcus Dale, failed to return after a recess. Judge Soto ordered courtroom deputies to bring Marcus from elsewhere in the courthouse to her courtroom immediately. Marcus later sued the judge for damages under § 1983, alleging the deputies twisted his arm and shoved him through the courtroom doors, and that the judge had approved the rough treatment.
Is Judge Soto most likely immune from Marcus's damages suit?
Explanation. Judicial immunity from money-damages suits is overcome only for nonjudicial acts or judicial acts taken in the complete absence of all jurisdiction. The proper inquiry is the nature and function of the act, not the precise alleged misconduct. Ordering officers to bring counsel in a pending case before the court relates to a function normally performed by a judge, and the lawyer was dealing with the judge in her judicial capacity. Even if the judge authorized or ratified excessive force, that would mean at most she acted in excess of authority, not in the complete absence of jurisdiction.