Legal Opinion
Henry Mitchell and Donna Mitchell, Individually, and as Next Friend for William Devon Mitchell v. John McBryde and Scott Wiggins
Court of Appeals for the Fifth Circuit
Decided November 4, 1991No. 91-1171PublishedCited by 98 opinions
1Opinion of the Court
GARWOOD, Circuit Judge:
Plaintiffs-appellants Henry and Donna Mitchell, individually and on behalf of a minor, William Mitchell (the Mitchells) filed a pro se complaint for five million dollars in damages against a federal district judge, Judge John McBryde, and his law clerk, Scott Wiggins, and demanded a jury trial. The gravamen of their complaint is the judge maliciously conspired with his law clerk to set aside a default judgment obtained by the Mitchells in a prior lawsuit pending in Judge McBryde’s court.
The defendants, pleading the doctrine of judicial immunity, filed a motion to…
2Cases cited11 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Stump v. SparkmanSupreme Court of the United States · 1978
- Vincent Oliva v. Kirby HellerCourt of Appeals for the Second Circuit · 1988
- Doris Adams v. Grainger W. McIlhany Individually and as Presiding Judge of the 31st Judicial District of TexasCourt of Appeals for the Fifth Circuit · 1985
- Pat S. Holloway v. Judge Dee Brown Walker, Judge Dee Brown WalkerCourt of Appeals for the Fifth Circuit · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Jimmy Blackburn v. Marshall City OfCourt of Appeals for the Fifth Circuit · 1995
- Moore v. BrewsterCourt of Appeals for the Ninth Circuit · 1996
- Dao v. Auchan HypermarketCourt of Appeals for the Fifth Circuit · 1996
- Oppenheimer v. Prudential Securities Inc.Court of Appeals for the Fifth Circuit · 1996
- Graves v. HamptonCourt of Appeals for the Fifth Circuit · 1993
93 more not listed; retrieve them via the Exa API.