Legal Opinion

Roy B. Foster v. Thomas J. MacBride

Court of Appeals for the Ninth Circuit

Decided September 5, 1975No. 74-1825PublishedCited by 16 opinions

1Opinion of the Court

OPINION

2Per curiam

This is an appeal from the district court’s dismissal of the appellant’s complaint for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(1) and (6). We affirm.

The appellant filed suit against the United States and Thomas J. MacBride, Chief Judge of the United States District Court for the Eastern District of California, seeking over $400,000 damages for certain allegedly improper rulings in another action over which Judge MacBride presided. Since judges are immune from liability for damages for acts committed within their judicial discretion, Gregory v.…

3Cases cited3 opinions

  1. Douglas Gregory v. John J. ThompsonCourt of Appeals for the Ninth Circuit · 1974
  2. Cromelin v. United StatesCourt of Appeals for the Fifth Circuit · 1949
  3. Albert v. BrownellCourt of Appeals for the Ninth Circuit · 1954

4Cited by16 opinions

  1. Lewis v. GreenDistrict Court, District of Columbia · 1986
  2. Joseph E.L. Sullivan v. United StatesCourt of Appeals for the Seventh Circuit · 1994
  3. United States v. Edward Lepatourel and Valerie LepatourelCourt of Appeals for the Eighth Circuit · 1979
  4. United States v. Edward Lepatourel and Valerie LepatourelCourt of Appeals for the Eighth Circuit · 1978
  5. United Missouri Bank South v. United StatesDistrict Court, W.D. Missouri · 1976

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