AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability
of Law Enforcement Agencies & Personnel


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Defenses: Absolute Judicial Immunity

     State prosecutor and trial judge were both entitled to absolute immunity from liability from arrestee's claim that they conspired together to have him arrested on false charges by having an arrest warrant issued concerning traffic offenses which they allegedly knew had previously been dismissed. Lyghtle v. Breitenbach, No. 04-3296, 139 Fed. Appx. 17 (10th Cir. 2005). [N/R]
     Montana Supreme Court overturns, as erroneous, its prior decision that judicial and quasi-judicial immunity provided local governmental units in that state immunity from liability under 42 U.S.C. Sec. 1983, overruling Reisdorff v. County of Yellowstone, 989 P.2d 850 (Mont. 1999). Miller v. City of Red Lodge, No. 01-517, 65 P.3d 562 (Mont. 2003). [N/R]
     346:147 Alabama magistrate's action of mistakenly faxing warrant recall order to police upside down, so that only a blank page was received, was an administrative act not requiring the exercise of discretion, so that she and the city which employed her were not entitled to judicial immunity from false arrest/imprisonment lawsuit arising from subsequent arrest under withdrawn warrant. Bayou La Batre, City of, v. Robinson, No. 1990411, 785 So. 2d 1128 (Ala. 2000).
     332:115 Local court system in Pennsylvania which employed officer who allegedly improperly arrested plaintiff and used force against him was not a "person" for purposes of a federal civil rights lawsuit. Callahan v. City of Philadelphia, #99-1816, 207 F.3d 668 (3rd Cir. 2000).
     Missouri appeals court holds that sheriff who acted pursuant to judge's order was protected against suit by absolute judicial immunity as long as judge was entitled to judicial immunity for ordering defendant to return to serve out sentence Nelson v. McDaniel, 865 S.W.2d 747 (Mo App. 1993).


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