Friday, May 16, 2003
Dismissal of suit against TN judge for "wrongful incarceration" affirmed on appeal
This report describes the appellate court's decision to affirm dismissal of a lawsuit against a Carter County, TN judge for "wrongful incarceration," which seems like a sure loser of a case to me, from what little description of it there is in the paper. The only exception I ever heard of to the absolute immunity of judges is where they act without jurisdiction, so maybe that was the argument. The judge's decision at issue involved the revocation of plaintiff's probation, which was reversed on appeal. The plaintiff apparently has been convicted three times of driving under the influence.