Myrick v. Greenwood

Appeal, following dismissal of civil rights suit against judges that presided over plaintiff’s divorce, was frivolous. After her former husband was awarded custody of their son, Myrick brought suit under 42 U.S.C. 1983, seeking damages from the six Wisconsin state judges and court commissioners who presided over parts of the lengthy divorce and child‐custody proceedings. She claimed that, by ruling against her, the judges manifested bias in favor of her former husband, violating her right to due process, and overlooked misconduct by her former husband, her son’s guardians ad litem, and her own attorney. The district court summarily dismissed the suit because judges are absolutely immune from awards of damages for acts taken in a judicial capacity, whether or not the judges erred in conducting the litigation. The Seventh Circuit affirmed, calling the appeal frivolous. Judicial immunity is not overcome by allegations of bad faith or malice. View "Myrick v. Greenwood" on Justia Law