Mireles v. Waco
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] DescriptionWhen 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 alsoReferencesExternal links |