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Mireles v. Waco

Mireles v. Waco
Decided October 21, 1991
Full case nameMireles v. Waco
Citations502 U.S. 9 (more)
Holding
A state judge is absolutely immune to liability for acts committed while presiding over their court.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter
Case opinions
Per curiam
DissentStevens
DissentScalia, joined by Kennedy

Mireles v. Waco, 502 U.S. 9 (1991), was a United States Supreme Court case in which the court held that a state judge is absolutely immune to liability for acts committed while presiding over their court.[1][2]

Description

When a defense lawyer failed to appear for a scheduled hearing, the judge not only issued a bench warrant for his arrest, but instructed the police sent to arrest him to "rough him up a little" to teach him not to skip court dates. Although this was entirely unprofessional and possibly criminal, the judge was held, by the Supreme Court, to have absolute immunity from a lawsuit arising from the resulting beating, because the misbehavior occurred entirely within his activities as a judge presiding over a court.[1]

Stevens dissented because he did not believe that ordering police officers to use excessive force was a judicial act. Justices Scalia and Kennedy dissented because the case did not receive briefing and argument before the decision; additionally, they believed the situation was so rare that a Supreme Court decision on the subject was unnecessary.[1]

See also

References

  1. ^ a b c Mireles v. Waco, 502 U.S. 9 (1991).
  2. ^ Lieberman, Jethro K. (1999). "Immunity From Suit". A Practical Companion to the Constitution. p. 239.
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