Rogers v. Marion

GOULD, J., pro tem.

This suit, directed against a township justice of the peace, seeks damages upon allegations that the latter maliciously and without probable cause, and knowing that the complaint and affidavit for arrest were false, issued a warrant for plaintiff’s arrest and thereby caused the latter’s unlawful imprisonment. Demurrer was sustained without leave to amend, and plaintiff appeals from the judgment which followed.

The lower court ruled correctly. The law grants to a judicial officer immunity from civil actions by persons dissatisfied with his judicial determinations. Cooley on…