Richard Theis and Terre Theis v. Warren Smith, and Nicholas J. Schiralli

The plaintiffs brought suit under 42 U.S.C. § 1983, against an Indiana judge and other individuals, seeking $500,000 in damages and other “proper, just, and equitable” relief. The judge moved to dismiss the suit against him on the ground that he had absolute immunity from liability under section 1983 for damages arising out of his judicial acts. The district court granted the motion and the plaintiffs have filed an appeal.

Since the suit remains pending in the district court, the order dismissing the judge is not final in the usual sense. Nevertheless, if the district court had denied rather…