Heath v. Cornelius

OPINION

McCanless, justice.

This case raises the question whether a criminal court judge is immune from civil suit for actions he takes while presiding over a criminal case in which he had jurisdiction. The act here involved was the judge’s order to have Andrew J. Heath, now the plaintiff in this cause, then the defendant to a criminal charge, taken into custody and his bond revoked without a hearing because his attorney failed to appear at Heath’s arraignment. The court sustained the defendant’s motion to dismiss under Rule 12.02(6) of the Tennessee *684Rules of Civil Procedure. Direct appeal was…