Haldane v. Chagnon, 19370.

Decision Date03 June 1965
Docket NumberNo. 19370.,19370.
PartiesEldon O. HALDANE, Appellant, v. Wilhelmina Helen King CHAGNON, Horace N. Freedman, Lloyd S. Nix, Allen Miller, Wilfred H. Tomlin, Appellees.
CourtU.S. Court of Appeals — Ninth Circuit

Eldon O. Haldane, Los Angeles, Cal., in pro. per.

Joseph W. Jarrett, Los Angeles, Cal., for appellee, Chagnon.

Donald E. Ruppe, Crider, Tilson & Ruppe, Los Angeles, Cal., for appellee, Freedman.

Before MERRILL, DUNIWAY and ELY, Circuit Judges.

ELY, Circuit Judge:

This appeal is from an Order of Dismissal. Appellant, plaintiff below, sought damages in excess of ten million dollars from two licensed California attorneys, two judges of the Superior Court of California, and the bailiff of one of the judges. He attempted to ground his action upon the Civil Rights Act, 42 U.S.C. §§ 1981-1988, and in one paragraph of his complaint alleged, in effect, and in general terms, that the five defendants illegally and maliciously conspired to deprive him of various constitutional rights. From other portions of the complaint and from several documents attached thereto as an exhibit and wholly "incorporated by reference," we gain more detailed information as to circumstances giving rise to the action.

It appears that appellant was a party to a divorce action in the state court, representing himself in propria persona. During the trial of this suit before one of the defendant judges, Nix, the conduct of appellant caused the judge to confer with the two defendant-appellee attorneys and, shortly thereafter, to direct his defendant bailiff to complete and file a printed form of petition which, under California law,1 prayed, with respect to plaintiff-appellant, "that examination be made to determine the state of mental health of said person alleged to be mentally ill, and that such measures be taken for the best interest and protection of said person, in respect to supervision, care or treatment, as may be necessary and provided by law." The petition was presented to the second defendant judge, one Miller, who was regularly assigned for the judicial supervision of such matters. Judge Miller promptly signed a so-called "Order For Detention" which called for appellant's detention and examination and which resulted, forthwith, in appellant's being taken into custody and hospitalized. The order also designated two physicians to observe appellant and make report as to whether or not his condition did, in their opinion, require continued detention and treatment.

The appointed physicians reported that the appellant was in no such need, so that approximately two days after he was taken into custody, he was released.2

Following service upon the defendant attorneys, they moved to dismiss the purported cause of action as against them, and following a hearing, the trial court entered an Order of Dismissal as to all five defendants. There was no appearance by the defendant judges and defendant bailiff, and the record before us does not reveal whether or not they have ever been served.

Had the Order of Dismissal run in favor of the two appearing defendants only, leaving the matter pending as to other defendants, the present appeal would have been premature. Richardson v. United States, 336 F.2d 265 (9th Cir. 1964), Miles v. City of Chandler, 297 F.2d 690 (9th Cir. 1961). Since the alleged cause of action was dismissed in favor of all defendants, thus having the effect of terminating the litigation in the court below, the Order of Dismissal is appealable.

We believe, also, that the Order of Dismissal was properly made. In reaching this conclusion, we have not overlooked the rule that a complaint is not subject to dismissal on the ground that there is a failure to state a claim upon which relief can be granted "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." Conley v. Gibson, 1957, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-102, 2 L.Ed. 2d 80, York v. Story, 324 F.2d 450, 453 (9th Cir. 1963), Marshall v. Sawyer, 301 F.2d 639, 647 (9th Cir. 1962), Cohen v. Norris, 300 F.2d 24, 31 (9th Cir. 1962). We are also mindful of the fact that our court has said, "The only elements which need to be present in order to establish a claim for damages under the Civil Rights Act are that the conduct complained of was engaged in under color of state law, and that such conduct subjected the plaintiff to the deprivation of rights, privileges, or immunities secured by the Constitution of the United States." Marshall v. Sawyer, supra, 301 F.2d at 646.

Such a general expression may properly follow the broad sweep of language which constitutes the Civil Rights Act; however, it cannot be literally applied to the exclusion of restrictive rules and precedents of equal force. Certain restrictive rules, serving to modify the broad general rule as to required allegations of the elements necessary to state a claim under the Civil Rights Act, have been announced by this court. See Hoffman v. Halden, 268 F.2d 280 (9th Cir. 1959), Agnew v. City of Compton, 239 F.2d 226 (9th Cir. 1956), Cohen v. Norris, supra.

Applying the principles of the last cited cases to the appellant's complaint, we see that the dismissal would have been improper had it been based solely upon the allegations of the complaint itself, considered separate and apart from the facts which were disclosed by the attached exhibit and, by the appellant himself, "incorporated by reference" into his allegations. In our view, these specifically alleged and documented facts bring the plaintiff-appellant to an insurmountable barrier, namely, the time honored rule of judicial immunity, a rule which is indispensable to the free and fearless administration of justice. Judges are immune from civil liability for acts done in the course of their official functions, and we have held that the doctrine, so firmly and deeply planted in the field of Anglo-American law, is operative in actions grounded upon the Civil Rights Act. Sires v. Cole, 320 F.2d 877 (9th Cir. 1963), Harmon v. Superior Court of State of California, 329 F.2d 154 (9th Cir. 1964), Agnew v. Moody, 330 F.2d 868 (9th Cir. 1964), Harvey v. Sadler, 331 F.2d 387 (9th Cir. 1964). Our view is firmly supported by persuasive, if not controlling, precedent, it having been held that the Civil Rights Act did not abolish a legislator's immunity from civil liability for acts done by him in the field where legislators traditionally have power to act. Tenney v. Brandhove, 1951, 341 U.S. 367, 71 S.Ct. 783, 95 L.Ed. 1019. The principle is demanded by every reasonable consideration of public policy and has long endured. In Yates v. Lansing, 1810, 5 Johns, N.Y. 282, Chief Justice Kent, tracing the doctrine and finding that its origin could be seen at least as early as the time of Edward III, had this to say, "It is to be found in the earliest judicial records, and it has been steadily maintained by an undisturbed current of decisions in the English courts, amidst every change of policy, and through every revolution of their government. A short view of the cases will teach us to admire the...

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