Tate v. Arnold
Decision Date | 28 June 1955 |
Docket Number | No. 15285.,15285. |
Citation | 223 F.2d 782 |
Parties | Jimmie TATE, Odell Pickett, Richard Girtman, Willie Bridges, and, others similarly situated, Appellants, v. Frank ARNOLD, Justice of the Peace, in and for Egypt Township, Ashley County, Arkansas, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
DuVal L. Purkins, Warren, Ark. (E. Clifton Bond, Jr., Warren, Ark., was with him on the brief), for appellants.
Ovid T. Switzer and W. P. Switzer, Crossett, Ark., filed brief for appellee.
Before GARDNER, Chief Judge, and WOODROUGH and VOGEL, Circuit Judges.
This action was brought by the named appellants, for and on behalf of themselves and others similarly situated, to obtain a declaratory judgment, injunctive relief, and money damages, against Frank Arnold who is a duly elected, qualified and acting justice of the peace in Ashley County, Arkansas. Jurisdiction was based on the Declaratory Judgments Act, 28 U.S.C.A. §§ 2201, 2202; the Civil Rights, 42 U.S.C.A. § 1983 (formerly 8 U.S.C.A. § 43); and the 14th Amendment to the Constitution of the United States. Appellee's motion to dismiss on the ground that the complaint failed to state a claim upon which relief could be granted was sustained and this appeal follows. The parties will be referred to as they appeared in the court below.
For their cause of action against the defendant, plaintiffs alleged in their complaint:
The letter from plaintiffs' employer, attached as an exhibit to the complaint, notified plaintiffs that upon the third such garnishment their services with the company would be terminated. Plaintiffs prayed that the court declare the rights of the parties; that defendant be permanently enjoined from further illegal and unlawful issuance and execution of writs of garnishment before judgment; and that plaintiffs recover the sum of $500.00 damages from the defendant.
This appeal presents the narrow question of whether, under the allegations set forth in the complaint, plaintiffs stated a claim against defendant upon which relief could be granted. It was alleged, as required to bring the action within the purview of the Civil Rights Act,2 that defendant was acting under color of state law in issuing the unlawful writs of garnishment before judgment. In passing on the motion to dismiss the trial court accepted all of the allegations of the complaint as true. The sole ground of dismissal was that the action against defendant would not lie because of his judicial immunity to suit for acts performed in his official capacity.
Plaintiffs do not seriously contend that this action could have been maintained in the face of the rule of judicial immunity accorded under the common law. The argument is made, however, that the Congress, through enactment of the Civil Rights Act, intended and did deprive state judicial officers of immunity from suit for acts which, when done "under color of law", constitute violations of rights guaranteed by the 14th Amendment. Plaintiffs' position in this respect is not without support.
See also, Cooper v. Hutchinson, 3 Cir., 184 F.2d 119; McShane v. Moldovan, 6 Cir., 172 F.2d 1016.
But courts generally have refused to accept the holding in that case as the correct view of the law. For criticism of the Picking case and for precedents to the effect that the Civil Rights Act did not deprive state judicial officers of immunity for acts performed in their official capacity, see the following decisions: Francis v. Crafts, 1 Cir., 203 F.2d 809, certiorari denied, 346 U.S. 835, 74 S.Ct. 43, 98 L.Ed. 357; Ginsburg v. Stern, D. C.Pa., 125 F.Supp. 596; United States ex rel. Peters v. Carson, D.C.Pa., 126 F. Supp. 137; Souther v. Reid, D.C.Va., 101 F.Supp. 806; Morgan v. Sylvester, D.C. N.Y., 125 F.Supp. 380. Also, see Dunn v. Estes, D.C.Mass., 117 F.Supp. 146. In fact, the District Court for the Western District of Pennsylvania has held that the decision in the Picking case is no longer binding upon that circuit. Ginsburg v. Stern, supra; United States ex rel. Peters v. Carson, supra.
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Pulliam v. Allen, 82-1432
...with Smallwood v. United States, 486 F.2d 1407 (1973), aff'g without opinion, 358 F.Supp. 398, 403 (ED Mo.) (immunity), and Tate v. Arnold, 223 F.2d 782, 786 (1955) (same). That court indicated in 1975, however, that "[t]his circuit has never decided whether those enjoying judicial immunity......
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...immunity. Lewis v. Brautigam, 5 Cir., 1955, 227 F.2d 124, 128, 55 A.L.R.2d 505; Kenney v. Fox, 6 Cir., 1956, 232 F.2d 288; Tate v. Arnold, 8 Cir., 1955, 223 F.2d 782; Cawley v. Warren, 7 Cir., 1954, 216 F.2d The judgments in favor of the Defendants (other than Eiland) are therefore reversed......
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...313 (5th Cir. 1958); Kenney v. Fox, 232 F.2d 288 (6th Cir.), cert. denied, 352 U.S. 855, 77 S.Ct. 84, 1 L.Ed.2d 66 (1956); Tate v. Arnold, 223 F.2d 782 (8th Cir. 1955); with, e. g., Littleton v. Berbling, 468 F.2d 389 (7th Cir. 1972), cert. granted, 411 U.S. 915, 93 S.Ct. 1544, 36 L.Ed.2d E......
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