CA6: Judicial immunity against false arrest damages case for judge ordering confinement for non-payment of fines

A municipal judge and clerk were absolutely immune from a damages claim for false arrest under § 1983 where the judge ordered the defendant to jail for nonpayment of fines. Even if wrong, they are judicial acts entitled to immunity. The court also is an arm of the state and has Eleventh Amendment immunity. Ward v. City of Norwalk, No. 15-3018 (6th Cir. Feb. 4, 2016):

Although the state requires a hearing before the judge orders commitment, Judge Ridge’s failure to hold a hearing may have been in excess of jurisdiction, but was not in complete absence of it. Furthermore, to the extent that Judge Ridge kept plaintiffs in jail to credit time served against outstanding court costs, he may have acted in excess of his jurisdiction, but again was not in complete absence of it.

This entry was posted in § 1983 / Bivens. Bookmark the permalink.

Comments are closed.