Legal Opinion

Borkowski v. Abood

Ohio Supreme Court

Decided March 6, 2008No. 2006-1913PublishedCited by 17 opinions

1Per curiam

{¶ 1} In this discretionary appeal, we consider the scope of a trial judge’s immunity from civil liability. For the reasons that follow, we hold that such immunity is not lost when a judge acts in excess of jurisdiction.

I

{¶ 2} This action began when appellee, A.J. Borkowski Jr., filed a complaint against appellant, Judge Charles D. Abood, alleging “negligence, acting in a clear absence of all jurisdiction and bad faith.” Among other things, Borkowski requested $1,000,000 in damages. Borkowski’s complaint arises from an underlying eviction proceeding in which Borkowski was a defendant and…

2Cases cited10 opinions

  1. Pierson v. RaySupreme Court of the United States · 1967
  2. John R. Yarnevic v. Brink's, Incorporated, a Delaware Corporation Thomas R. FussnerCourt of Appeals for the Fourth Circuit · 1996
  3. The State of South Carolina v. James Edward MooreCourt of Appeals for the Fourth Circuit · 1971
  4. Wilson v. NeuOhio Supreme Court · 1984
  5. Stahl v. CurreyOhio Supreme Court · 1939

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3Cited by17 opinions

  1. Sinclair v. Burlington Northern & Santa Fe Railway Co.Montana Supreme Court · 2008
  2. Bozek v. Bank of America, N.A.Appellate Court of Illinois · 2021
  3. Mobley v. O'DonnellOhio Court of Appeals · 2020
  4. State ex rel. McGrath v. CalabreseOhio Court of Appeals · 2011
  5. Warsame v. Trans Am Trucking, Inc.Ohio Court of Appeals · 2024

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