Cooke v. Bangs
U.S. Circuit Court for the District of Minnesota
This was an action for false and malicious imprisonment brought by plaintiff against the'defendant, who is a justice of the peace, residing at Glyndon, Minnesota.
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This was an action for false and malicious imprisonment brought by plaintiff against the'defendant, who is a justice of the peace, residing at Glyndon, Minnesota. The complaint states that on April 8,1885, the defendant, being- a justice of the peace, did of his own motion, no complaint having been made by any person, falsely, maliciously, and without reasonable or probable cause, issue the following false and pretended warrant for the arrest and apprehension of the plaintiff: State of Minnesota, County of Clay—ss.: “The State of Minnesota to the Sheriff or any Constable of said County :…
1Opinion of the CourtBrewer, J.
The question which was argued and submitted is one of great public importance, and that question is this: Under what circumstances can a justice of the peace be held liable to a civil action for damages for an act done by him in his capacity as justice of the peace? Nothing is more important in any country than an independent judiciary; and nowhere is it so important, so absolutely essential, as under a popular government. No man can ho a good judge who does not feel perfectly free to follow the dictates of his own judgment wheresoever they may lead him. And in a country where the people…
2Cases cited5 opinions
- Bradley v. FisherSupreme Court of the United States · 1872
- Randall v. BrighamSupreme Court of the United States · 1869
- Rutherford v. . HolmesNew York Court of Appeals · 1876
- Vaughn v. CongdonSupreme Court of Vermont · 1883
- Stewart v. CooleySupreme Court of Minnesota · 1877
3Cited by24 opinions
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Morgan v. SylvesterDistrict Court, S.D. New York · 1954
- United States v. AnzelmoDistrict Court, E.D. Louisiana · 1970
- Jack E. Turner v. E. T. Raynes and Bill Edd JonesCourt of Appeals for the Fifth Circuit · 1980
- Oppenheimer v. AshburnCalifornia Court of Appeal · 1959
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