O'BRYAN v. Chandler
Decision Date | 01 July 1964 |
Docket Number | Civ. No. 63-339. |
Citation | 249 F. Supp. 51 |
Court | U.S. District Court — Western District of Oklahoma |
Parties | W. H. Pat O'BRYAN, Plaintiff, v. Stephen S. CHANDLER, Defendant. |
Sam Sullivan, Durant, Okl., Joseph Rarick, Norman, Okl., for plaintiff.
John H. Cantrell, Lynn J. Bullis, Oklahoma City, Okl., Granville Tomerlin, Floyd Rheam, Claude Rosenstein, Tulsa, Okl., for defendant.
W. H. Pat O'Bryan, hereinafter referred to as plaintiff, filed suit on September 25, 1963, against the defendant, a United States District Judge for the Western District of Oklahoma, in the District Court of Oklahoma County, State of Oklahoma. The plaintiff's cause of action is in two counts. The first count seeks damages for malicious prosecution, libel and slander in the amount of $5,000000.00 and the second count seeks an additional $5,000,000.00 as punitive damages. The suit was filed by the plaintiff after a criminal indictment which had been returned against the plaintiff by the grand jury in the Western District of Oklahoma had been dismissed.
The case was duly removed to the Federal Court and the plaintiff's motion to remand overruled. The case is now before the court on defendant's motions to strike, to state separately, and to dismiss, all having been presented to the court by very exhaustive briefs and lengthy oral argument. The court in this memorandum opinion and order will concern itself only with the defendant's motion to dismiss for failure to state a cause of action.
Cases are legion wherein the appellate courts have dealt with the problem of attempts to terminate litigation believed to be without merit by dismissing a complaint for failure to state a cause of action, and the appellate courts generally agree that in order to justify such a dismissal by the trial court it must appear as a matter of law that under no state of facts which the plaintiff could prove in support of the claims pleaded would he be entitled to any relief. The Supreme Court in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed. 2d 80, said:
"In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief."
And so, with respect to the motion to dismiss we must examine the plaintiff's petition and consider it in the light of this accepted rule, but before doing so we must turn to the law with respect to the civil liability of judges in order to evaluate the petition under the accepted rule of law. The law has long been well settled that judges are exempt from civil liability for acts done by them in the exercise of their judicial function. Many, many decisions to this effect pertaining to judges and other public officials are reported. One of the early decisions of the Supreme Court, Bradley v. Fisher, 13 Wall 335, 357, 20 L.Ed. 646; discusses the matter in great detail. This case has repeatedly been cited by the courts and we, therefore, turn to it for guidance. At page 651 of 20 L.Ed. the court had this to say:
* * *"
And then, further:
As expressed in the Bradley case, a judge is exempt from civil liability even when he acts in excess of his jurisdiction and such acts are done maliciously and with bad motives. The United States Supreme Court has expressed the policy that only when there is a clear absence of all jurisdiction over the subject-matter can a judge be held civilly liable. The court in Bradley v. Fisher distinguished between a judge acting in excess of jurisdiction and a judge acting in clear absence of all jurisdiction. Only in the latter situation is a judge's authority considered usurped authority.
A recent United States Supreme Court opinion weighs the two conflicting considerations or policies which confront the court in this case. The conflicting policies are, on the one hand, "the protection of the individual citizen against pecuniary damage caused by oppressive or malicious action on the part of officials of the Federal Government;" and on the other, "the protection of the public interest by shielding responsible governmental officers against the harassment and inevitable hazards of vindictive or ill-founded damage suits brought on account of action taken in the exercise of their official responsibilities." (Emphasis added.) Barr v. Matteo, 360 U.S. 564, 565, 79 S.Ct. 1335, 1336, 3 L.Ed.2d 1434 (1959). The Supreme Court cited Bradley v. Fisher, supra, as controlling law, and quoted from an opinion written by the late Judge Learned Hand, as follows:
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Chandler v. O'BRYAN
...his jurisdiction as a federal judge and hence he was protected by the doctrine of judicial immunity from liability. O'Bryan v. Chandler, 249 F.Supp. 51 (W.D.Okl. 1964). O'Bryan appealed from this decision. Judge Chandler was represented in this proceeding by the Department of Justice, the O......
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O'BRYAN v. Chandler
...Judge Roy Harper, who found that Judge Chandler was protected from liability due to the doctrine of judicial immunity. O'Bryan v. Chandler, 249 F.Supp. 51 (W.D.Okla.1964). O'Bryan appealed that adverse decision to this On August 15, 1965, a Sunday, Judge Chandler asked John Clabes, then man......
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IN RE LONGHORN 1979-II DRILLING PROGRAM
...of facts well pleaded which the petitioners could prove to support their petition would they be entitled to relief. O'Bryan v. Chandler, 249 F.Supp. 51 (D.Okla.1964). These motions are disfavored and should not be granted unless it appears certain that the petitioners would not be entitled ......