Judicial immunity
Burdick v. Town of Schroeppel, USCA, Second Circuit, 17-1169-cv
In the course of reviewing an appeal from a federal district court’s decision brought by Petitioner Steven D. Burdick, the United States Court of Appeals, Second Circuit the issue of judicial immunity from lawsuit in which Burdick alleged that his constitutional rights were violated by actions of Schroeppel Town Justice Armen J. Nazarian, Oswego, New York and County Court Judge Donald Todd, the Town of Schroeppel, Oswego County, New York* in the course of their presiding over his 2013 state court criminal trial and subsequent appeal.
The Second Circuit addressed the question of judicial immunity from litigation, explaining:
1. Judges acting in their judicial capacity are absolutely immune from suit, even where the plaintiff asserts constitutional violations under §1983, citing Bliven v. Hunt, 579 F.3d 204.
2. Absolute judicial immunity applies even if the judge allegedly acted in bad faith or with malice. and such judicial immunity can be overcome only if (1) the act is not taken in the judge’s judicial capacity, or (2) the act, “though judicial in nature, [is] taken in the complete absence of all jurisdiction,” citing Mireles v. Waco, 502 U.S. 9.
The challenged acts in this action included typical judicial acts arising out of Burdick’s 2013 criminal conviction and appeal and acts arising out of, or related to, individual cases before the judge are considered judicial in nature.
As the judicial officials named by Burdick had jurisdiction over the criminal conviction and appeal the district court properly concluded that they were entitled to absolute judicial immunity.
* Burdick also named a criminal defense attorney and the Oswego County Commissioner of Jurors as defendants in the federal action.
The decision is posted on the Internet at: