Hartsoe v. Tucker
2013 MT 256
| Mont. | 2013Background
- Pro se plaintiff John Hartsoe sued Judge Loren Tucker alleging constitutional violations for denying a bail hearing, dismissing a civil claim, and declaring a mistrial in a felony criminal case.
- Judge Tucker asserted judicial immunity and moved for summary dismissal.
- The Twentieth Judicial District Court (Judge Deborah Kim Christopher) granted summary dismissal with prejudice, ruling Judge Tucker immune.
- Hartsoe appealed the dismissal to the Montana Supreme Court and raised additional theories (qualified immunity for state employees; malicious prosecution) for the first time on appeal.
- The Supreme Court reviewed the dismissal de novo and considered whether sanctions were warranted under M. R. App. P. 19(5) given Hartsoe’s pattern of litigation against judges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Judge Tucker is entitled to judicial immunity for the complained-of acts | Hartsoe: Tucker violated his constitutional rights by denying bail, dismissing a civil claim, and declaring a mistrial | Tucker: Acts were judicial acts within the court’s subject-matter jurisdiction and thus immune under § 2-9-112(2), MCA | Court: Affirmed — acts were judicial and within jurisdiction; judicial immunity applies |
| Whether the Court should impose appellate sanctions to curb abusive filings | Hartsoe did not directly argue against sanctions on appeal; continued to press claims | Tucker: Requested limits on Hartsoe’s ability to file claims against current/former judges as harassment | Court: Imposed pre-filing restriction for any future filings naming current/former judges and left door open for further sanctions |
Key Cases Cited
- Stump v. Sparkman, 435 U.S. 349 (1978) (judicial immunity protects judges for acts within jurisdiction even if erroneous)
- Mireles v. Waco, 502 U.S. 9 (1991) (judicial immunity applies despite allegations of bad faith or malice)
- Silvestrone v. Park County, 339 Mont. 299 (2007) (Montana recognition of legislative grant of immunity under Article II, § 18)
- Motta v. Granite County Comm’rs, 370 Mont. 469 (2013) (court may limit filings and impose sanctions to curb abusive litigation)
- Hartsoe v. McNeil, 366 Mont. 335 (2012) (previous appeal involving Hartsoe and judicial immunity)
- Hartsoe v. Christopher, 369 Mont. 223 (2013) (previous appeal addressing Hartsoe’s claims against a judge)