[DOWNLOAD] "Barnes v. Winchell" by United States Court of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Barnes v. Winchell
- Author : United States Court of Appeals
- Release Date : January 03, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This appeal addresses whether absolute judicial immunity extends to actions taken by a state judge that were allegedly prosecutorial in nature. Defendant-Appellant, former Ohio Municipal Court Judge Byron R. Winchell, appeals the district courts denial of his motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) on the basis of his absolute judicial immunity in this 42 U.S.C. Section(s) 1983 damages action brought by Plaintiff-Appellee Johnida Barnes. Ms. Barnes alleges that Judge Winchell violated her constitutional rights and acted without jurisdiction in a non-judicial capacity by assisting in the initiation of and maliciously continuing criminal prosecutions against her. For the reasons that follow, we hold that Judge Winchell is absolutely immune from suit for the complained-of actions and therefore reverse the district courts order.
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