Simes v. Arkansas Judicial Discipline & Disability Commission
734 F.3d 830
8th Cir.2013Background
- L.T. Simes II, a state circuit judge in Phillips County, Arkansas, faced multiple disciplinary complaints before the Arkansas Judicial Discipline and Disability Commission.
- Simes filed a 42 U.S.C. § 1983 action in federal court alleging race-based targeting and false statements by Executive Director Stewart amid ongoing state proceedings.
- The district court denied a TRO and stayed federal proceedings under Younger abstention due to ongoing state disciplinary actions.
- Arkansas Supreme Court (Simes I) suspended Simes until end of term and allowed re-election; subsequent proceedings (Simes II) upheld some findings and reprimanded Simes.
- The district court later dismissed the federal action, ruling immunity shielded defendants from damages and that no justiciable federal controversy remained for declaratory or injunctive relief.
- On appeal, the Eighth Circuit affirmed, holding Stewart had absolute prosecutorial immunity for his conduct in screening and pursuing complaints.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Stewart has prosecutorial immunity for damages | Simes argues Stewart acted administratively, not prosecutorially. | Stewart's role resembled prosecutorial screening and charging decisions. | Stewart entitled to absolute prosecutorial immunity. |
| Whether the second § 1983 claim against Stewart states a cognizable federal claim | Statements to the press violated First/Fourteenth Amendments and state law. | Allegations amount to state-law defamation with no cognizable federal claim. | No cognizable damages claim; no federal issues presented. |
| Whether declaratory and injunctive relief remain moot | Past actions could support prospective relief against ongoing or future conduct. | Disciplinary actions resolved; no live controversy exists; mootness applies. | Claims moot; no jurisdiction to grant prospective relief. |
Key Cases Cited
- Imbler v. Pachtman, 424 U.S. 409 (1976) (prosecutorial immunity protects prosecutorial decisions from suit)
- Buckley v. Fitzsimmons, 509 U.S. 259 (1993) (prosecutorial immunity covers decisions to bring charges)
- Thomason v. SCAN Volunteer Servs., Inc., 85 F.3d 1365 (8th Cir. 1996) (functional comparability to prosecutor in discretion cases)
- Laird v. Tatum, 408 U.S. 1 (1972) (no standing for self-counding chilling effects without concrete injury)
- Paul v. Davis, 424 U.S. 693 (1976) (speech injuries require more than mere allegations for Fourteenth Amendment claim)
- Sosna v. Iowa, 419 U.S. 393 (1975) (repetition and evanescence do not save moot claims)
- O'Shea v. Littleton, 414 U.S. 488 (1974) (past exposure does not show a present case or controversy for injunctive relief)
- Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009) (federal review of state judicial proceedings in certain contexts)
- Peel v. Att’y Registration & Disciplinary Comm’n of Ill., 496 U.S. 91 (1990) (state disciplinary proceedings and federal review)