Evans v. Copins, 2
| Decision Date | 03 March 1976 |
| Docket Number | No. 2,CA-CIV,2 |
| Citation | 26 Ariz.App. 96,546 P.2d 365 |
| Parties | Lily Bell EVANS, an Individual, Appellant, v. Honorable Hyman COPINS, City Magistrate for the City of Tucson, and the City of Tucson, a Municipal Corporation, Appellees. 2052. |
| Court | Arizona Court of Appeals |
Charles R. Pyle, Tucson for appellant.
Lesher, Kimble, Rucker & Lindamood, P.C. by William E. Kimble, Tucson, for appellees.
Is a judicial officer cloaked with judicial immunity when he wrongfully incarcerates a person convicted of a traffic offense?
That is the issue to be resolved in this case.
Appellant appeared before the appellee city magistrate in connection with a traffic violation. She was not represented by counsel. After a bench trial appellee Copins found her guilty and sentenced her to pay a fine.
Appellant told the magistrate she could not pay a fine and stated she desired to appeal. She did not, however, file with the city court a written notice of appeal. The magistrate then revised her sentence to one day in jail instead of the fine. Appellant was immediately taken into custody and transported to the Pima County Jail where she served the sentence.
In her suit for false imprisonment and deprivation of civil rights, appellant alleged that the city magistrate acted willfully and maliciously or with wanton disregard for the law. The trial court granted appellees' motion for summary judgment based upon judicial immunity.
Since appellant was not represented by counsel and did not waive her right to counsel, it is clear that she could not be sentenced to a jail term. Argersinger v. Hamlin, 407 U.S. 25, 92 S.Ct. 2006, 32 L.Ed.2d 530 (1972). It is equally clear that a judicial officer is not liable in a civil action for acts done in his judicial capacity, however erroneous or by whatever motives prompted. Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938). This principle applies in civil rights actions under 42 U.S.C.A. Sec. 1983. Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 8 L.Ed.2d 288 (1967).
In affirming this judgment we do not condone the actions of the city magistrate.
Affirmed.
To continue reading
Request your trial
-
Lavit v. Superior Court In and For County of Maricopa
...acts, even acts in excess of their jurisdiction or done with malice. Acevedo, 142 Ariz. at 321, 690 P.2d at 40; Evans v. Copins, 26 Ariz.App. 96, 546 P.2d 365 (1976) (city magistrate cloaked in judicial immunity for judicial acts erroneously carried out). The Arizona Supreme Court has exten......
-
Acevedo by Acevedo v. Pima County Adult Probation Dept., 2
...judicial immunity as applied to officers of the court in Arizona. Davis v. Burris, 51 Ariz. 220, 75 P.2d 689 (1938); Evans v. Copins, 26 Ariz.App. 96, 546 P.2d 365 (1976). It is interesting to note that not once did the court in Semler speak of "judicial immunity"; the court spoke only of t......
-
McCleaf v. State
...decision not to have Sanchez arrested and held in custody pending the disposition of her revocation petition. Evans v. Copins, 26 Ariz.App. 96, 97, 546 P.2d 365, 366 (1976) (judges have immunity from civil liability for acts done in judicial capacity). Therefore, plaintiff bases her claim o......
-
King v. King
... ... Those funds were acquired prior to the marriage and were therefore Husband's separate property.2 By extension, the accounts, although opened during the marriage, were also Husband's separate ... ...