# Sterling Maurice Williams v. Alfonso C. Sepe

> Court of Appeals for the Fifth Circuit · November 14, 1973 · 487 F.2d 913

URL: https://www.frixlaw.com/law-library/cases/314927

## Case

- **Full name:** Sterling Maurice WILLIAMS, Plaintiff-Appellant, v. Alfonso C. SEPE, Defendant-Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** November 14, 1973
- **Citations:** 487 F.2d 913; 1973 U.S. App. LEXIS 7028
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Brown, Dyer, Per Curiam, Simpson
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/314927

## Opinion text

PER CURIAM:
This action under 42 U.S.C.A. § 1983 , brought by Sterling M. Williams against Judge Alfonso C. Sepe, was terminated by the district court’s granting summary judgment to Judge Sepe on the ground that the undisputed facts did not fall within the “clear absence of all juris-, diction” exception to the doctrine of judicial immunity. We affirm.
The record clearly establishes that in attempting to investigate a report that Williams had misrepresented himself as the Judge’s law clerk, Judge Sepe failed to comply with the procedure for prosecuting an indirect contempt' of court. Specifically, Williams was not given “written notice of the criminal contempt charged,” as required by Rule 3.840 of the Florida Rules of Criminal Procedure, 33 F.S.A., before he was ordered arrested by Judge Sepe. It is Williams’
*914
contention that the deviation from the statutory procedure resulted in an absence of subject matter jurisdiction and that the Judge, therefore, is not shielded by judicial immunity.
While it may be true that the procedural irregularities would necessitate a reversal of a conviction if one had been obtained on the facts of this case, see, e. g., State ex rel. Giblin v. Sullivan, 1946, 157 Fla. 496 , 26 So.2d 509 , the test for the abrogation of judicial immunity is whether there is a
clear
absence of all jurisdiction over the subject matter. Bradley v. Fisher, 1872, 13 Wall. 335 , 80 U.S. 335 , 20 L.Ed. 646 . The policy underlying the doctrine requires that its application not depend on the determination of “nice questions of jurisdiction.” Sullivan v. Kelleher, 1 Cir. 1968, 405 F. 2d 486, 487 . The defects in the procedure employed in this case will not support a conclusion that there was a clear absence of all jurisdiction. The judgment of the district court is therefore
Affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/314927. Public record. Not legal advice.