The Leiser Law Firm, PLLC v. Gaylord Finch, Jr.
670 F. App'x 84
| 4th Cir. | 2016Background
- Appellants sued a state-court judge under 42 U.S.C. § 1983, alleging the judge violated their Fourteenth Amendment rights by overruling a demurrer based on absolute privilege and forcing them to defend a state suit.
- District court dismissed the complaint, holding the judge entitled to judicial immunity.
- After the district court's dismissal, the underlying state-court action was nonsuited.
- Appellants appealed the dismissal to the Fourth Circuit.
- Appellee (the judge) argued the appeal is moot because the state-court suit has been terminated and no live case or controversy remains.
- Appellants invoked the “capable of repetition, yet evading review” exception to mootness; the Fourth Circuit found they failed to carry the burden to show the exception applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot | Leiser: constitutional injury remains and fits the repetition-yet-evading-review exception | Appellee: state-court nonsuit terminates the controversy, leaving no effectual relief | Dismissed as moot — plaintiffs did not show the narrow exception applies |
| Whether a live case or controversy exists | Leiser: ongoing injury from judge’s alleged unconstitutional act | Appellee: no continuing injury after nonsuit; no Article III standing | No Article III case-or-controversy; mootness doctrine applies |
| Applicability of judicial immunity at dismissal stage | Leiser: challenged judge’s action violated rights and merits review | Appellee: judge entitled to judicial immunity for actions taken in judicial capacity | District court previously dismissed on judicial immunity; mootness ends appeal |
| Burden to invoke mootness exception | Leiser: exception should apply to prevent evasion of review | Appellee: plaintiffs bear burden and did not meet it | Plaintiffs failed to meet burden; exception not applied |
Key Cases Cited
- Pender v. Bank of Am. Corp., 788 F.3d 354 (4th Cir. 2015) (mootness when live case or controversy ceases)
- Williams v. Ozmint, 716 F.3d 801 (4th Cir. 2013) (case-or-controversy requirement applies at all stages; exception for repetition-yet-evading-review is narrow)
- CVLR Performance Horses, Inc. v. Wynne, 792 F.3d 469 (4th Cir. 2015) (federal courts cannot decide questions that cannot affect parties' rights)
- Susan B. Anthony List v. Driehaus, 134 S. Ct. 2334 (2014) (standing requires injury in fact, causation, and redressability)