Malina v. Gonzales

JOHN D. RAINEY, District Judge:

This is an appeal from the denial of a motion to dismiss based on the district court’s finding that a state district judge did not have immunity for his actions.

While driving home from work one night on Interstate 10, Plaintiff-Appellee Thomas Malina passed to the right of a slow moving vehicle. Malina honked his horn and motioned to the driver, who was Defendant-Appellant Judge Douglas Gonzales, of the Nineteenth Judicial District court for the Parish of East Baton Rouge, to move out of the “fast” lane.

Upset by Malina’s honking, Judge Gonzales placed a flashing…