Legal Opinion
James E. Tucker v. Marilyn Outwater, and the County of Jefferson
Court of Appeals for the Second Circuit
Decided July 7, 1997No. 3440, Docket 96-9251PublishedCited by 84 opinions
1Opinion of the Court
OBERDORFER, District Judge:
Town Justice Marilyn Outwater appeals from the August 22, 1996 judgment of the United States District Court for the Northern District of New York, denying her motion to dismiss the complaint. The district court held that Outwater was not entitled to judicial immunity because she acted in the clear absence of all jurisdiction. This Court concludes that Outwater did not act in clear absence of all subject matter jurisdiction and enjoys immunity from plaintiffs claim for damages. The judgment of the district court is reversed, and the case is remanded for further…
2Cases cited34 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Stump v. SparkmanSupreme Court of the United States · 1978
- Mireles v. WacoSupreme Court of the United States · 1991
- Pierson v. RaySupreme Court of the United States · 1967
- Singleton v. WulffSupreme Court of the United States · 1976
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3Cited by84 opinions
- Bliven v. HuntCourt of Appeals for the Second Circuit · 2009
- C.A. Brokaw v. Mercer County, James Brokaw, Weir BrokawCourt of Appeals for the Seventh Circuit · 2000
- Robert David Figueroa v. Audrey P. BlackburnCourt of Appeals for the Third Circuit · 2000
- Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2005
- Huminski v. CorsonesCourt of Appeals for the Second Circuit · 2004
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