McClain v. Brown, 78-1333
| Decision Date | 17 November 1978 |
| Docket Number | No. 78-1333,78-1333 |
| Citation | 587 F.2d 389 |
| Parties | Patrick J. McCLAIN, Plaintiff-Appellant, v. Thomas BROWN, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Patrick J. McClain, filed brief pro se.
Richard C. Turner, Atty. Gen., Gary D. Woodward, Sp. Asst. Atty. Gen., and Fred M. Haskins, Asst. Atty. Gen., Des Moines, Iowa, filed brief, for appellee.
Before LAY, BRIGHT and ROSS, Circuit Judges.
Patrick J. McClain brought this civil rights suit for damages under 42 U.S.C. § 1983 against Magistrate Thomas Brown of the Eighth Judicial District of Iowa. He alleged that, after being subpoenaed as a witness for the prosecution in his brother's trial on misdemeanor charges, he refused to answer a question he felt was self-incriminating and invoked the fifth amendment. Magistrate Brown adjudged McClain in contempt of court and ordered him incarcerated. However, when the hearing was continued on a later date, Magistrate Brown sustained McClain's invocation of the fifth amendment privilege, and McClain was thereafter given immunity. When he again refused to answer a question on fifth amendment grounds, Magistrate Brown ordered him incarcerated for contempt again, until he accepted immunity and testified. McClain later purged himself of contempt by testifying.
McClain claims Magistrate Brown violated his rights to due process and equal protection by failing to "inform or offer de jure immunity" and by incarcerating him. He also alleges that Magistrate Brown's actions violated the fourth, fifth, sixth, ninth, tenth and fourteenth amendments. The district court dismissed the complaint for failure to state a claim, holding that Magistrate Brown had subject matter jurisdiction over the contempt proceedings and personal jurisdiction over McClain, and was therefore absolutely immune from personal liability for his judicial actions.
A judge of a court of superior or general jurisdiction is not liable in civil actions for his judicial acts, even when such acts are in excess of his jurisdiction and are alleged to have been done maliciously or corruptly, so long as he has not acted in the clear absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349, 355-57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978); Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 351, 20 L.Ed. 646 (1872); Kelsey v. Fitzgerald, 574 F.2d 443, 444 (8th Cir. 1978). A judge of limited or inferior authority is also protected from liability when his judicial actions are taken within his jurisdiction. Bradley v. Fisher,supra, 80 U.S. at 350-51, Quoting Randall v. Brigham, 74 U.S. (7 Wall.) 523, 535-36, 19 L.Ed. 285 (1868). Iowa law gives magistrates limited jurisdiction, primarily over nonindictable misdemeanors including traffic and ordinance violations, preliminary hearings, search warrant proceedings, and small claims. Iowa Code § 602.60. Section 665.2 of the Iowa Code lists as contempts, punishable by a court or "by any judicial officer, including judicial magistrates, acting in the discharge of an official duty," illegal resistance to any order or process issued by the court or magistrate and refusal to answer as a witness. Thus Magistrate Brown, presiding over trial of misdemeanor charges, had authority to adjudge McClain in contempt of court for his refusal to testify. Magistrate Brown is therefore immune from liability.
McClain contends, however, that under Iowa Code § 795.5, 1 prosecution of the misdemeanor charges against...
To continue reading
Request your trial
-
Korotki v. Goughan
...Brewer v. Blackwell, 692 F.2d 387, 396 (5th Cir.1982); O'Neil v. City of Lake Oswego, 642 F.2d 367, 369 (9th Cir.1981); McClain v. Brown, 587 F.2d 389, 390 (8th Cir.1978); Gregory v. Thompson, 500 F.2d 59, 62 (9th Cir.1974); Berg v. Cwiklinski, 416 F.2d 929, 931 (7th Cir. 1969); Fanale v. S......
-
Simons v. Bellinger
...long as acts are taken within his jurisdiction. Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 351, 20 L.Ed. 646 (1872), McClain v. Brown, 587 F.2d 389, 390 (8th Cir. 1978). Judicial action extends beyond those activities which are at the core of the judicial process, such as trying cases or de......
-
Adamson v. Ricketts
...waived his right to be free from double jeopardy), cert. denied, 449 U.S. 878, 101 S.Ct. 224, 66 L.Ed.2d 100 (1980); McClain v. Brown, 587 F.2d 389, 391 (8th Cir.1978) (a bar to further prosecution because of former jeopardy is not a jurisdictional defect, but a defense or personal right wh......
-
Figueroa v. Blackburn
...absence of all jurisdiction standard as provided by the absolute immunity doctrine to a municipal court judge). But see McClain v. Brown, 587 F.2d 389, 390 (8th Cir.1978) (holding that courts of limited jurisdiction are not immune for acts taken in excess of their While the Third Circuit ha......