Barnes v. Winchell Barnes v. Winchell

Barnes v. Winchell

105 F.3D 1111, 1997.C06.45

    • 5,00 kr
    • 5,00 kr

Utgivarens beskrivning

This appeal addresses whether absolute judicial immunity extends to actions taken by a state judge that were allegedly prosecutorial in nature. Defendant-Appellant, former Ohio Municipal Court Judge Byron R. Winchell, appeals the district courts denial of his motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on the basis of his absolute judicial immunity in this 42 U.S.C. Section(s) 1983 damages action brought by Plaintiff-Appellee Johnida Barnes. Ms. Barnes alleges that Judge Winchell violated her constitutional rights and acted without jurisdiction in a non-judicial capacity by assisting in the initiation of and maliciously continuing criminal prosecutions against her. For the reasons that follow, we hold that Judge Winchell is absolutely immune from suit for the complained-of actions and therefore reverse the district courts order.

GENRE
Yrkesrelaterat och teknik
UTGIVEN
1997
3 februari
SPRÅK
EN
Engelska
LÄNGD
29
Sidor
UTGIVARE
LawApp Publishers
STORLEK
65,1
KB

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