Quasi-Judicial Immunity

177 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Bauers v. Heisel
  361 F.2d 581· 3d Cir.· 1966-05-19 ·cited 152×
• Iberia Hampton v. The City OF Chicago
  484 F.2d 602· 7th Cir.· 1973-08-24 ·cited 137×
  The court held that state law cannot immunize conduct wrongful under federal civil rights statutes, and that prosecutorial conduct in planning a raid is not immune. It also found that allegations of conspiracy to prolong unfounded prosecutions were sufficient to survive a motion
• Briggs v. Goodwin
  569 F.2d 10· D.C. Cir.· 1977-09-21 ·cited 115×
  The court held that a prosecutor acting as a witness in a courtroom, answering a judge's question, is performing a function intimately associated with the judicial process and is therefore entitled to absolute immunity from civil suit.
• Kenney v. Honorable Raymond W. FOX
  232 F.2d 288· 6th Cir.· 1956-04-19 ·cited 114×
  The common law doctrine of judicial immunity, protecting judges and quasi-judicial officers acting within their jurisdiction, has not been abrogated by the Civil Rights Act.
• Nesmith v. Alford
  318 F.2d 110· 5th Cir.· 1963-05-30 ·cited 112×
  The court held that the initial arrest and imprisonment of the plaintiffs was unlawful as a matter of law, and that the admission of evidence of prior racial strife was erroneous, necessitating a retrial on certain claims.
• Brawer v. Jay S. Horowitz & Salvatore L. Mauceli (two cases). Appeal of Ralph J. Ignomirello
  535 F.2d 830· 3d Cir.· 1976-05-12 ·cited 104×
  A federal prosecutor is absolutely immune from civil suit for actions taken as an advocate, and a cooperating witness is also immune from a Bivens-type action for testimony given at trial. Claims under 42 U.S.C. § 1985(2) and § 1986 were also dismissed.
• Robichaud v. Ronan
  351 F.2d 533· 9th Cir.· 1965-10-08 ·cited 100×
  A prosecuting attorney is not immune from liability under 42 U.S.C. § 1983 when acting outside their quasi-judicial capacity, such as in an investigative or police-like role.
• Clark v. State OF Wash.
  366 F.2d 678· 9th Cir.· 1966-09-26 ·cited 89×
  The district court properly dismissed the action against the State of Washington due to sovereign immunity and against the Bar Association because it is an agency of the state entitled to quasi-judicial immunity and because no effective decree could be framed.
• Donovan v. Reinbold
  433 F.2d 738· 9th Cir.· 1970-10-05 ·cited 78×
  The court held that the statute of limitations for civil rights actions in California is three years, and that public attorneys are not immune from liability for advising disregard of administrative orders. The court also affirmed the damages award for emotional distress.
• Rhodes v. Meyer
  334 F.2d 709· 8th Cir.· 1964-08-05 ·cited 64×
  The court held that the prior judgment in Rhodes v. Houston was res judicata as to claims and parties previously litigated, and that stare decisis applied to new defendants based on the established legal principles regarding judicial and official immunity.
• Fine v. The City OF NEW York
  529 F.2d 70· 2d Cir.· 1975-12-31 ·cited 62×
  The court held that public prosecutors are immune from § 1983 liability for official acts, private attorneys do not act 'under color of law' unless they engage in joint activity with state agents, and municipalities are not 'persons' under § 1983.
• Sykes v. State OF Cal. (Department OF Motor Vehicles)
  497 F.2d 197· 9th Cir.· 1974-05-01 ·cited 57×
• Sellars v. Procunier
  641 F.2d 1295· 9th Cir.· 1981-04-09 ·cited 53×
• Henry v. Farmer City State Bank
  808 F.2d 1228· 7th Cir.· 1986-12-29 ·cited 52×
  The court held that the RICO claims were barred by res judicata because the plaintiffs failed to raise their fraud claims as defenses in the prior state court foreclosure proceedings. However, the court reversed the district court's injunction against state court proceedings, fin
• Coverdell v. The Dep't OF Soc. & Health Servs.
  834 F.2d 758· 9th Cir.· 1987-12-15 ·cited 50×
  Child protective services workers are entitled to absolute quasi-prosecutorial immunity for initiating and pursuing child dependency proceedings, and absolute quasi-judicial immunity for executing court orders in such matters. A claim for injunctive relief is moot if there is no
• Waltruent Margarete Rosa Morrison v. Jones
  607 F.2d 1269· 9th Cir.· 1979-10-19 ·cited 48×
  The court held that the District Attorney and Clerk of Superior Court were immune, but reversed summary judgment for the remaining defendants, finding they were not entitled to absolute immunity and the record was insufficient to establish qualified immunity.
• Amsden v. Moran
  904 F.2d 748· 1st Cir.· 1990-05-29 ·cited 44×
  The court held that the defendants were entitled to qualified immunity because their conduct did not violate clearly established constitutional rights, and the available state remedies were adequate to satisfy due process requirements.
• Cruz v. Skelton
  502 F.2d 1101· 5th Cir.· 1974-10-14 ·cited 44×
  Members of the Texas Board of Pardons and Paroles are immune from suits for damages under the Civil Rights Act for their parole decisions.
• Meyers v. Contra Costa Cnty. Dep't OF Soc. Servs.
  812 F.2d 1154· 9th Cir.· 1987-03-16 ·cited 43×
• Thomas A. Schopler, D.D.S. v. Rupert Bliss
  903 F.2d 1373· 11th Cir.· 1990-06-22 ·cited 42×
  The Eleventh Amendment bars suits against state agencies (DPR and Board) in federal court, and Florida has not waived this immunity. Individual officials are not entitled to absolute or qualified immunity from all claims alleged.
• Grow v. Fisher
  523 F.2d 875· 7th Cir.· 1975-10-09 ·cited 42×
  A prosecutor is immune from suit under 42 U.S.C. § 1983 for actions taken within the scope of his prosecutorial discretion, and private citizens acting in concert with an immune prosecutor are not acting under color of state law unless they have control over the prosecution.
• City OF Miami v. Albro
  120 So. 2d 23· Fla. 3d DCA· 1960-05-02 ·cited 41×
  The City of Miami and officer Clark appealed a jury verdict awarding damages to a plaintiff for personal injuries allegedly caused by police officers during an arrest. The court held that municipalities can be liable for torts committed by police officers under respondeat superio
• Buschi v. Kirven
  775 F.2d 1240· 4th Cir.· 1985-10-29 ·cited 40×
  The court affirmed the jury verdict and the district court's rulings, finding no reversible error in the dismissal of certain defendants or the exclusion of evidence regarding the truthfulness of the plaintiffs' statements.
• Gordon v. City OF W. Palm Beach
  321 So. 2d 78· Fla. 4th DCA· 1975-10-10 ·cited 40×
  Gordon's estate sued West Palm Beach for wrongful death resulting from a motorcycle-automobile collision at a poorly designed intersection. The Fourth District Court of Appeal held that municipalities retain tort liability for negligence in street design, construction, and mainte
• Silver v. Dickson
  403 F.2d 642· 9th Cir.· 1968-11-08 ·cited 40×
  State parole board members performing quasi-judicial or discretionary functions are immune from damage suits under the Civil Rights Act.
• Bradford Audio Corp. v. Pious
  392 F.2d 67· 2d Cir.· 1968-03-29 ·cited 40×
  A court-appointed receiver, acting under a facially valid court order, is immune from liability for seizing property as directed by that order, and a claim for seizure of property rights does not fall under 42 U.S.C. § 1983.
• Winston v. Buford
  747 F.2d 445· 8th Cir.· 1984-10-30 ·cited 39×
  The court held that the district court properly granted summary judgment, dismissed the claims as time-barred, and awarded attorneys' fees.
• Corey v. NEW York Stock Exch.
  691 F.2d 1205· 6th Cir.· 1982-11-02 ·cited 39×
  The court held that claims against the NYSE for arbitrators' acts are barred by arbitral immunity, and claims based on the arbitration director's acts constitute an impermissible collateral attack on the arbitration award, which is exclusively governed by the Federal Arbitration
• Burkes v. Callion
  433 F.2d 318· 9th Cir.· 1970-11-04 ·cited 39×
  Government officers performing judicial or quasi-judicial functions are immune from liability under 42 U.S.C. § 1983 for conduct within their official duties.
• Gillibeau v. City OF Richmond
  417 F.2d 426· 9th Cir.· 1969-10-13 ·cited 39×
  The court held that the district court erred in dismissing the plaintiffs' civil rights claims for failure to state a claim or for violating Rule 8(a)(2), and that the breach of contract claim should be considered on remand.
• Paskaly v. Seale
  506 F.2d 1209· 9th Cir.· 1974-11-20 ·cited 38×
  The court held that the plaintiff failed to establish a claim under 42 U.S.C. § 1983 because his property or liberty interests were not deprived without due process of law by the defendant's actions.
• Denman v. Leedy
  479 F.2d 1097· 6th Cir.· 1973-06-08 ·cited 38×
  The court held that the district court properly dismissed the complaint for failure to state a claim upon which relief can be granted.
• Trotter v. Klincar
  748 F.2d 1177· 7th Cir.· 1984-11-27 ·cited 37×
  The court held that parole officials are entitled to absolute quasi-judicial immunity for actions related to parole revocation procedures, and that the plaintiff failed to preserve his class action claims by not seeking timely certification.
• Pope v. Chew
  521 F.2d 400· 4th Cir.· 1975-08-04 ·cited 36×
  The court held that a hearing must be afforded before a conditional pardon can be revoked, even if revocation is based on a criminal conviction, because the revocation may involve the exercise of discretion.
• Morton L. Simons and Barbara M. Simons v. Bellinger
  643 F.2d 774· D.C. Cir.· 1980-01-04 ·cited 34×
  Members of the District of Columbia Court of Appeals Committee on Unauthorized Practice of Law are entitled to absolute immunity for their actions in investigating and prosecuting alleged violations of the rules governing the practice of law.
• Safeguard Mut. Ins. Co. v. Miller
  472 F.2d 732· 3d Cir.· 1973-01-23 ·cited 34×
  The court held that dismissal based on governmental immunity was improper without a factual record, and that injunctive relief is not subject to such immunity.
• Wilhelm v. Turner
  431 F.2d 177· 8th Cir.· 1970-06-08 ·cited 34×
  The court held that the Attorney General and his agents were immune from civil damages claims because they acted with probable cause and in good faith, and that the return of seized materials was proper due to the lack of a prior adversary determination of obscenity.
• Williams v. Wood
  612 F.2d 982· 5th Cir.· 1980-03-03 ·cited 33×
  A federal court clerk performing routine duties like entering orders and notifying parties is not entitled to absolute immunity from damages actions.
• Shipp v. Hardin E. Todd
  568 F.2d 133· 9th Cir.· 1978-01-10 ·cited 33×
  The court held that a state court clerk has quasi-judicial immunity from damages but not from suits for injunctive relief, and federal courts have the power to expunge criminal records.
• Akeem Washington v. Rivera
  939 F.3d 1239· 11th Cir.· 2019-09-25 ·cited 32×
  Rivera is not entitled to quasi-judicial immunity, but she is entitled to qualified immunity because her actions did not violate clearly established Fourth Amendment rights.
• Valdez v. City & Cnty. OF Denver
  878 F.2d 1285· 10th Cir.· 1989-07-06 ·cited 32×
  An official charged with executing a facially valid court order is absolutely immune from liability for damages for actions taken pursuant to that order.
• Spaulding v. Nielsen
  599 F.2d 728· 5th Cir.· 1979-07-30 ·cited 32×
  Federal probation officers are absolutely immune from suits for damages based on their alleged misconduct in investigating and preparing a presentence report.
• Timmerman v. The Honorable Franchot A. Brown
  528 F.2d 811· 4th Cir.· 1975-12-15 ·cited 32×
  Judicial and quasi-judicial officers are immune from suits for money damages but not for equitable or declaratory relief. The Younger v. Harris doctrine does not bar federal equitable relief when plaintiffs allege bad faith or harassment by state officials.
• Greater LOS Angeles Council ON Deafness, Inc. v. Zolin
  812 F.2d 1103· 9th Cir.· 1987-03-11 ·cited 31×
  The court held that the individual defendants are not entitled to quasi-judicial or legislative immunity, and that the Eleventh Amendment does not bar the suit against them or the County for damages. However, the court affirmed the denial of injunctive relief due to lack of curre
• Thad D. Lowe v. Letsinger
  772 F.2d 308· 7th Cir.· 1985-08-29 ·cited 31×
  Judges are absolutely immune for judicial acts, including delays in ruling and decisions regarding notice. Clerks performing ministerial duties are not absolutely immune. The Attorney General is not liable without knowledge of the concealed judgment.
• Thompson v. Parole Supervisor Burke
  556 F.2d 231· 3d Cir.· 1977-06-01 ·cited 30×
  The court held that the district court erred in granting a directed verdict for Parole Board Member Jefferson, as the record was insufficient to determine if he provided constitutionally adequate due process or if he is entitled to immunity.
• Solomon Feldman, Jr. v. State Bd. OF LAW Exam'rs
  438 F.2d 699· 8th Cir.· 1971-03-03 ·cited 30×
  The court held that a federal court cannot review the grading of bar examination papers or grant injunctive relief for alleged grading errors or discrimination, as such matters must first be addressed by the state's highest court.
• Bennett v. People OF the State OF Cal.
  406 F.2d 36· 9th Cir.· 1969-01-09 ·cited 30×
• Harmon v. The Superior Court OF the State OF Cal.
  329 F.2d 154· 9th Cir.· 1964-03-05 ·cited 30×
  The court held that no claim was stated against any of the defendants, and that judicial and quasi-judicial officers are immune from civil liability for their official acts.
• Beckham v. Cline
  151 Fla. 481· Fla.· 1942-09-29 ·cited 29×
  The Florida Supreme Court reversed a judgment dismissing Virginia Beckham's false imprisonment action against physicians who negligently failed to examine her before falsely certifying her insane, leading to her commitment to a state hospital. The court held that quasi-judicial p