Legal Opinion

Brech v. Seacat

South Dakota Supreme Court

Decided September 4, 1969No. File 10639PublishedCited by 8 opinions

1Opinion of the Court

RENTTO, Judge.

In this action plaintiff seeks damages from a circuit judge for an alleged defamation. The judge moved to dismiss the plaintiff's complaint on the ground that as to him it failed to state a claim upon which relief could be granted. This was bottomed on the proposition that in the circumstances alleged he enjoyed absolute immunity. From a judgment granting the motion plaintiff appeals.

The defendant Walter Seacat is senior judge of the Fourth Judicial Circuit Court, a court of general jurisdiction. On April 17, 1964, he sentenced the plaintiff's husband Doyle Brech, Sr. to…

2Cases cited4 opinions

  1. Runyon v. Board of Prison Terms & ParolesCalifornia Court of Appeal · 1938
  2. Hackworth v. LarsonSouth Dakota Supreme Court · 1969
  3. State v. BrechSouth Dakota Supreme Court · 1969
  4. Garfield v. PalmieriDistrict Court, S.D. New York · 1961

3Cited by8 opinions

  1. Ruple v. WeinaugSouth Dakota Supreme Court · 1983
  2. Janklow v. Viking PressSouth Dakota Supreme Court · 1985
  3. Janklow v. KellerSouth Dakota Supreme Court · 1976
  4. Waln v. PutnamSouth Dakota Supreme Court · 1972
  5. Kocontes v. McQuaidNebraska Supreme Court · 2010

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