Quasi-Judicial Immunity

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

• Mullis v. United States Bankr. Court FOR the Dist. OF Nev.
  828 F.2d 1385· 9th Cir.· 1987-09-24 ·cited 28×
  The court should not distinguish between state and federal judges regarding judicial immunity from prospective injunctive relief.
• Ashbrook v. Harlan Hoffman
  617 F.2d 474· 7th Cir.· 1980-03-19 ·cited 28×
  Indiana partition commissioners are entitled to absolute quasi-judicial immunity for their conduct in handling a partition sale and distributing proceeds.
• Duba v. McINTYRE
  501 F.2d 590· 8th Cir.· 1974-07-18 ·cited 28×
  The court held that judicial immunity applies to officials acting within their general powers, even if in excess of jurisdiction, shielding them from civil rights claims under 42 U.S.C. § 1983.
• Willingham v. The City OF Orlando
  929 So. 2d 43· Fla. 5th DCA· 2006-05-12 ·cited 26×
  Willingham sued the City of Orlando and officers for false arrest and imprisonment after being arrested on an outstanding warrant despite claiming mistaken identity and offering documentation. The court affirmed summary judgment, holding that law enforcement acting on a facially
• White v. Padgett
  475 F.2d 79· 5th Cir.· 1973-03-02 ·cited 26×
  The court held that the plaintiff's claim under 42 U.S.C. § 1983 was barred by the statute of limitations, and therefore did not reach the issue of defendants' immunity.
• Montejo Gaspar Montejo v. Martin Mem'l Med. Ctr., Inc.
  935 So. 2d 1266· Fla. 4th DCA· 2006-08-23 ·cited 24×
  A hospital transported a brain-damaged patient to Guatemala pursuant to a court order that was later determined to be void for lack of subject matter jurisdiction. The court held that the hospital cannot claim immunity from a false imprisonment suit merely because it acted pursua
• Cruz v. Skelton
  543 F.2d 86· 5th Cir.· 1976-11-22 ·cited 24×
  The court held that a prisoner's mere expectation of parole is not a 'grievous loss' triggering constitutional due process protections, and the Equal Protection Clause does not require appointment of counsel for indigent parole applicants.
• McLALLEN v. Henderson
  492 F.2d 1298· 8th Cir.· 1974-03-05 ·cited 24×
  Court reporters are not protected by judicial immunity for ministerial duties, but may have qualified immunity.
• Savage v. United States
  450 F.2d 449· 8th Cir.· 1971-11-04 ·cited 24×
  The court held that both the malicious prosecution and civil rights claims were barred by Minnesota's two-year statute of limitations.
• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Conway v. The Vill. OF Mount Kisco
  750 F.2d 205· 2d Cir.· 1984-12-11 ·cited 22×
  The court held that the statute of limitations did not bar the malicious prosecution claim, and that the dismissal of claims against the Martabanos, Bano Buick, and Vincent Cerbone in his individual capacity should be reversed, while affirming dismissals against the Village of Mo
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  516 F.2d 1344· 6th Cir.· 1975-05-28 ·cited 22×
  The court held that the defendants' actions in withholding exculpatory evidence and presenting misleading testimony deprived the plaintiff of her constitutional right to a fair trial, and that these actions were a proximate cause of her conviction and imprisonment.
• Frazier v. Bailey
  957 F.2d 920· 1st Cir.· 1992-02-24 ·cited 20×
  Individuals contracted by the government to perform statutorily mandated duties are the functional equivalent of public officials and are entitled to raise a qualified immunity defense. However, a generalized right to 'familial integrity' is not sufficiently particularized to ove
• Imbler v. Pachtman
  500 F.2d 1301· 9th Cir.· 1974-07-12 ·cited 20×
  A prosecutor is absolutely immune from civil liability for acts committed in the performance of duties integral to the judicial process, even if malicious or knowing.
• Lucarell v. McNAIR
  453 F.2d 836· 6th Cir.· 1972-01-07 ·cited 20×
  The court held that an official's assault and illegal incarceration can be considered actions taken 'under color of state law' for a Section 1983 claim, and that judicial immunity does not protect officials acting entirely outside their jurisdiction.
• Scott v. Schmidt
  773 F.2d 160· 7th Cir.· 1985-09-17 ·cited 18×
  The court held that the district court properly dismissed Scott's civil rights suit because the defendants were immune from suit and Scott failed to state a claim.
• Lilly Mae Onie Lee Whitelaw Hilliard v. Williams
  465 F.2d 1212· 6th Cir.· 1972-06-28 ·cited 18×
  A prosecuting attorney is not absolutely immune from civil liability for acts outside his quasi-judicial capacity, such as deliberate suppression of exculpatory evidence.
• Johnson v. City OF Cincinnati
  450 F.2d 796· 6th Cir.· 1971-10-12 ·cited 18×
  The enactment of the Civil Rights Act of 1964 does not preclude an action for employment discrimination based on Sections 1983 and 1985(3).
• Stephen Rindley, D.D.S. v. Gallagher
  929 F.2d 1552· 11th Cir.· 1991-04-30 ·cited 16×
  The court held that the district court erred in dismissing the lawsuit based on Pullman and Burford abstention doctrines, as there were no unsettled questions of state law that would avoid the federal constitutional issues, nor would federal review disrupt state regulatory effort
• Johnson v. Kegans
  870 F.2d 992· 5th Cir.· 1989-04-24 ·cited 16×
  Judges and prosecutors are absolutely immune from liability for damages for acts intimately connected with the judicial and parole-granting processes, and the plaintiff failed to state a claim for injunctive relief.
• Lenord S. Horwitz v. The State Bd. OF Med. Exam'rs OF the State OF Colo.
  822 F.2d 1508· 10th Cir.· 1987-07-07 ·cited 16×
  Members of the Colorado State Board of Medical Examiners are entitled to absolute immunity when performing adjudicatory and prosecutorial functions comparable to those of a court, even if they did not strictly comply with oath requirements.
• Pomerantz v. Cnty. OF LOS Angeles
  674 F.2d 1288· 9th Cir.· 1982-04-19 ·cited 16×
  The court held that quasi-judicial immunity bars damages claims and that most injunctive claims were moot, but reversed the denial of an injunction for immediate jury list placement, remanding for consideration of the constitutional claim.
• Richard and Mary Guzman v. W. State Bank OF Devils Lake
  516 F.2d 125· 8th Cir.· 1975-03-11 ·cited 16×
  The North Dakota prejudgment attachment statute is unconstitutional as applied because it lacks sufficient procedural safeguards to satisfy due process, particularly regarding the necessity for summary seizure and judicial supervision.
• City OF Coral Gables v. Giblin
  127 So. 2d 914· Fla. 3d DCA· 1961-03-13 ·cited 16×
  The City of Coral Gables appealed a $34,000 judgment for false imprisonment after its police officer arrested a woman in Miami for violating a municipal traffic ordinance committed in Coral Gables. The court reversed, holding that a municipal police officer has no authority to ar
• Evans v. McKAY
  869 F.2d 1341· 9th Cir.· 1989-03-16 ·cited 14×
  The court held that the plaintiffs sufficiently pleaded a claim under 42 U.S.C. § 1981 against individual defendants and a claim under 42 U.S.C. § 1983 against individual police officers, tribal defendants, and the City of Browning, but affirmed the dismissal of the § 1983 claim
• Gladden v. Randy W. Roach (Officer)
  864 F.2d 1196· 5th Cir.· 1989-02-08 ·cited 14×
  The court held that biographical questions during booking are not interrogation under the Fifth Amendment and that a plaintiff must demonstrate a real threat of future harm to have standing for injunctive relief. The court also affirmed the denial of a goading interrogatory as un
• Darline J. Anderson and James Q. Anderson v. Boyd
  714 F.2d 906· 9th Cir.· 1983-08-30 ·cited 14×
  Parole officials are absolutely immune for quasi-judicial functions like granting or revoking parole, but not for the knowing dissemination of false information to outside parties.
• Stepanian v. Addis
  699 F.2d 1046· 11th Cir.· 1983-03-07 ·cited 14×
  The court held that a federal prosecutor's statements at a press conference announcing an indictment are not protected by absolute quasi-judicial immunity, and factual development is needed to determine if qualified immunity applies.
• Kissell v. Breskow
  579 F.2d 425· 7th Cir.· 1978-07-18 ·cited 14×
  The court held that the Executive Secretary of the Disciplinary Commission is clothed with quasi-judicial immunity for actions taken in that role, and that no genuine issue of material fact existed to preclude summary judgment.
• Mac J. Cahn and Sidney L. Schiro v. Int'l Ladies' Garment Union
  311 F.2d 113· 3d Cir.· 1962-10-01 ·cited 14×
  A party acting as an arbitrator is immune from suit for actions taken in that quasi-judicial capacity.
• Schreiber v. Rowe
  814 So. 2d 396· Fla.· 2002-03-21 ·cited 13×
  The Florida Supreme Court held that a convicted criminal defendant must obtain appellate or postconviction relief as a prerequisite to maintaining a legal malpractice action against defense attorneys, and that the statute of limitations does not commence until final relief is obt
• Stepanian v. Addis
  782 F.2d 902· 11th Cir.· 1986-02-18 ·cited 13×
  The court held that the alleged tort of slander or libel arose not only in the District of Columbia but also wherever the defamatory statements circulated, and dissented from affirming the dismissal of the constitutional due process violation.
• Watterson v. Page
  987 F.2d 1· 1st Cir.· 1993-02-09 ·cited 12×
  The court held that the psychologists were immune from suit under § 1983 because the plaintiffs failed to allege a violation of a constitutional right, and immune from state law claims under a state statute protecting good faith reporting of child abuse.
• Turney v. O'Toole
  898 F.2d 1470· 10th Cir.· 1990-03-26 ·cited 12×
  Officials executing a facially valid court order are absolutely immune from liability for the act of confinement, but only qualifiedly immune for the conditions of that confinement.
• Austern v. The Chicago Bd. Options Exch., Inc.
  898 F.2d 882· 2d Cir.· 1990-03-15 ·cited 12×
  A commercial organization sponsoring a contractually agreed upon arbitration is immune from civil liability for improperly noticing the arbitration hearing and improperly selecting the arbitration panel, as these acts are integrally related to the arbitral process.
• NEW Alaska Dev. Corp. v. Bernd C. Guetschow
  869 F.2d 1298· 9th Cir.· 1989-03-09 ·cited 12×
  The court held that a judge is absolutely immune for judicial acts within jurisdiction, and a court-appointed receiver is entitled to quasi-judicial immunity for acts within the scope of the appointing court's jurisdiction. Allegations of theft and slander by the receiver, howeve
• Fuller v. Ga. State Bd. OF Pardons & Paroles
  851 F.2d 1307· 11th Cir.· 1988-08-09 ·cited 12×
  The court held that the plaintiff failed to present sufficient statistical evidence to establish a prima facie case of racial discrimination in parole decisions and that the Parole Board members were entitled to quasi-judicial immunity for damages.
• Hans Bothke v. Fluor Eng'rs & Constructors, Inc.
  713 F.2d 1405· 9th Cir.· 1983-01-24 ·cited 12×
  The court held that IRS agents are not entitled to absolute immunity for actions like levying wages, but may be entitled to qualified immunity. The case is remanded to determine if the agent acted with objective good faith.
• City OF Tampa v. Islands Four, Inc.
  364 So. 2d 738· Fla. 2d DCA· 1978-09-27 ·cited 12×
  The City of Tampa denied Islands Four's application to renew its public dance hall license based on noise ordinance violations. The trial court found the city acted arbitrarily and capriciously and awarded damages. The appellate court reversed, holding that sufficient competent e
• Mayes v. Honn
  542 F.2d 822· 10th Cir.· 1976-10-07 ·cited 12×
  A Section 1983 civil rights action cannot be used to collaterally attack or appeal state court disbarment proceedings.
• Tyler v. Witkowski
  511 F.2d 449· 7th Cir.· 1975-02-26 ·cited 12×
  A prosecutor is immune from civil liability for actions taken within the scope of his prosecutorial duties, even if the plaintiff alleges bad faith.
• Vosburg v. Dep't OF Soc. Servs.
  884 F.2d 133· 4th Cir.· 1989-08-29 ·cited 11×
  State social workers are absolutely immune from liability for filing a child removal petition, as this action is considered prosecutorial in nature.
• Fendler v. United States Parole Comm'n
  774 F.2d 975· 9th Cir.· 1985-10-22 ·cited 11×
  The court held that presentence reports are agency records subject to FOIA, but remanded for consideration of exemption (3). It also affirmed dismissal of other claims, including Bivens claims due to immunity.
• Paul E. Bettencourt, M.D. v. Bd. OF Registration IN Med. OF the Commonwealth OF Mass.
  904 F.2d 772· 1st Cir.· 1990-05-31 ·cited 10×
  The court held that Younger abstention was appropriate, requiring dismissal of the federal action due to the pending state judicial review of the medical license revocation.
• Dellenbach v. Letsinger
  889 F.2d 755· 7th Cir.· 1989-11-14 ·cited 10×
  State judges and court personnel are entitled to absolute judicial immunity for actions taken within their judicial capacity, even if those actions are erroneous or in excess of authority, as long as they are not in the clear absence of all jurisdiction.
• Babcock v. Tyler
  884 F.2d 497· 9th Cir.· 1989-09-06 ·cited 10×
  Washington Department of Social and Health Services caseworkers are entitled to absolute immunity for their actions taken in child dependency proceedings, including post-adjudication activities.
• Chiz's Motel & Rest., Inc. v. Miss. State TAX Comm'n
  750 F.2d 1305· 5th Cir.· 1985-01-21 ·cited 10×
  The Eleventh Amendment, sovereign immunity, and quasi-judicial immunity bar the plaintiff's action in federal court.
• Johnson v. Granholm
  662 F.2d 449· 6th Cir.· 1981-11-06 ·cited 10×
  Public officials performing quasi-judicial duties and prosecutors are immune from damages under 42 U.S.C. § 1983 for actions within their official scope. A municipal body is not liable for employee actions absent a policy or custom.
• COK v. Cosentino
  876 F.2d 1· 1st Cir.· 1989-05-26 ·cited 9×
  The court held that the judge, guardian ad litem, and conservator were absolutely immune from civil liability for actions taken in their official capacities during divorce proceedings.
• Inmates OF the Nebraska Penal AND Correctional Complex v. Greenholtz
  567 F.2d 1381· 8th Cir.· 1977-12-13 ·cited 9×
  The court held that injunctive relief and damages were not warranted because the unconstitutional policy was abandoned and there was no evidence of bad faith by the Board members. The award of legal expenses was also affirmed.