explaining that a judge’s immunity from § 1983 liability “is overcome in only two sets of circumstances”: (i) “a judge- is not immune from liability for nonjudicial acts, i.e., actions not taken in the judge’s judicial capacity,” and (ii) “a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction”
How later courts described this case
- explaining that a judge’s immunity from § 1983 liability “is overcome in only two sets of circumstances”: (i) “a judge- is not immune from liability for nonjudicial acts, i.e., actions not taken in the judge’s judicial capacity,” and (ii) “a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction”
- holding that judge’s actions in directing police officers to bring before judge an attorney who was in courthouse were not taken in complete “absence of all jurisdiction,” so as to deprive judge of judicial immunity from § 1983 suit, even though judge allegedly directed officers to carry out order with excessive force
- finding that the state court judge’s order to police officers to bring the plaintiff into the courtroom using excessive force would exceed his authority, but was still protected by judicial immunity because ordering the court officer to bring the plaintiff to court “is a function normally performed by a judge”
- holding that judge’s alleged action in directing officers to bring before the court an attorney who was in the courthouse was taken in judge's judicial capacity and, therefore, judge was entitled to absolute immunity even though he allegedly directed officers to carry out the order with excessive force
Written by the judges who cited it.
Later courts went against this
Reported superseded by statute, as recognized in Peters v. Noonan — not on the Supreme Court's list
502 U.S. 9, 11 (1991), superseded on other grounds by statute as recognized in Peters v. Noonan, 871 F. Supp. 2d 218, 226
District Court, W.D. New YorkMay 18, 20127 citing opinionsby statuteother groundsunconfirmed confidenceRead it
The opinion
Justice Scalia,
with whom Justice Kennedy joins,
dissenting.
“A summary reversal... is a rare and exceptional disposition, ‘usually reserved by this Court for situations in which the law is well settled and stable, the facts are not in dispute, and the decision below is clearly in error.’” R. Stern, E. Gressman, & S. Shapiro, Supreme Court Practice 281 (6th ed. 1986) (quoting Schweiker v. Hansen, 450 U. S. 785, 791 (1981) (Marshall, J., dissenting)). As Justice Stevens’ dissent amply demonstrates, the decision here reversed is, at a minimum, not clearly in error.
I frankly am unsure whether the Court’s disposition or Justice Stevens’ favored disposition is correct; but I am sure that, if we are to decide this case, we should not do so without briefing and argument. In my view, we should not decide it at all; the factual situation it presents is so extraordinary that it does not warrant the expenditure of our time. I would have denied the petition for writ of certiorari.