Shirley S. Schwartz v. Noah Weinstein

The appellant brought a civil rights action under 42 U.S.C. § 1985 seeking actual and punitive damages against a judge in the Juvenile Division of the Circuit Court of St. Louis County, Missouri, for his actions while adjudicating a case involving the custody of the appellant’s daughter, the sole child of her prior marriage. The United States District Court dismissed the complaint on the basis of judicial immunity. Schwartz v. Weinstein, 333 F.Supp. 1031 (E.D.Mo.1971). We affirm. 1

On appeal, the appellant argues that judicial immunity does not apply in this case since the appellee was acting…