Legal Opinion
Wilson v. Neu
Ohio Supreme Court
Decided July 18, 1984No. 83-1459PublishedCited by 17 opinions
1Opinion of the CourtHolmes, J.
Two issues are presented by this appeal for review. One, does a mayor enjoy judicial immunity from civil liability when he exceeds his authority in sentencing an individual to be incarcerated for a minor misdemeanor violation? And, two, is a municipality liable for such actions taken by the mayor?
A substantial majority of jurisdictions recognize the rule that where a judge possesses jurisdiction over the controversy he is not civilly liable for acts done in the exercise of his judicial function.1 The doctrine of judicial immunity originated in the English common law and clearly rests upon…
2Cases cited34 opinions
- Stump v. SparkmanSupreme Court of the United States · 1978
- Pierson v. RaySupreme Court of the United States · 1967
- Pulliam v. AllenSupreme Court of the United States · 1984
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Enghauser Manufacturing Co. v. Eriksson Engineering Ltd.Ohio Supreme Court · 1983
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3Cited by17 opinions
- Stephen M. Stern and Christopher D. Becker v. John J. MascioCourt of Appeals for the Sixth Circuit · 2001
- Mitchell v. Cleveland Electric Illuminating Co.Ohio Supreme Court · 1987
- Kelly v. WhitingOhio Supreme Court · 1985
- Borkowski v. AboodOhio Supreme Court · 2008
- Brown v. Village of Lincoln HeightsOhio Court of Appeals · 2011
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