Jennifer Leech v. James DeWeese
2012 U.S. App. LEXIS 16101
| 6th Cir. | 2012Background
- Judge DeWeese ordered Leech to be removed from Griffeth's residence as a condition of Griffeth's supervised release.
- Leech, not a party to the Griffeth proceedings, sues claiming lack of jurisdiction and civil-rights violations.
- The district court dismissed most claims but denied immunity for Leech's removal claim, allowing that claim to proceed.
- Judge DeWeese appeals, contending he is entitled to absolute judicial immunity for the removal order.
- The court treats the immunity question as a legal issue and has de novo review; jurisdictional basis is pivotal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there subject-matter jurisdiction to issue the removal order? | Leech asserts lack of jurisdiction over her interest. | DeWeese claims his jurisdiction over Griffeth's supervised release authorizes the order. | Yes; subject-matter jurisdiction existed over Griffeth's supervised release. |
| Does lack of personal jurisdiction over Leech defeat immunity? | Irrelevant to immunity when acting under jurisdiction. | Immunity remains if jurisdiction exists, regardless of Leech's personal status. | Immunity still applies because Judge DeWeese acted within subject-matter jurisdiction. |
| Is the denial of immunity an appealable interlocutory issue? | Yes; the denial of an immunity claim on a legal issue is appealable before final judgment. |
Key Cases Cited
- Brookings v. Clunk, 389 F.3d 614 (6th Cir. 2004) (interlocutory immunity appeal permitted when denial turns on law; de novo review)
- Mitchell v. Forsyth, 472 U.S. 511 (U.S. 1985) (immunity is an entitlement not to face damages; interlocutory appeal appropriate)
- Mireles v. Waco, 502 U.S. 9 (U.S. 1991) (judicial immunity limited to absence of jurisdiction or non-judicial actions)
- Stern v. Mascio, 262 F.3d 600 (6th Cir. 2001) (existence of subject-matter jurisdiction preserves immunity even with error)