UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT

Summary

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Martinez v Gonzales (2015)

Romero argue that the County of Santa Fe is not entitled to immunity as a municipal corporation, but the district court never made such a ruling and, once again, appellants fail to explain how this argument addresses the district court’s grant of judicial and quasi-judicial immunity to Judge Miera, Deputies Webb and Nissen, and Officer Garcia.
Source: Wikisource

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Martinez v Gonzales (2015)

Romero must establish that Judge Miera issued the bench warrant in the “clear absence of all jurisdiction." Turney v. O’Toole, 898 F.2d 1470, 1474 (10th Cir. 1990) (internal quotation marks omitted) . They cannot do so. As the district court correctly explained, Rule 6-207 of the New Mexico Rules of Criminal Procedure for the Magistrate Courts expressly provides that " [i] f any person who has been ordered by the magistrate judge to appear at a certain time and place . . . fails to appear at such specified time and place . . . the court may issue a warrant for the person’s arrest.”
Source: Wikisource

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Martinez v Gonzales (2015)

Specifically, the district court determined that Judge Miera was entitled to absolute judicial immunity for her role in issuing a bench warrant for Ms. Martinez’s arrest and presiding over her criminal proceedings after she failed to appear for her arraignment. See Stump v. Sparkman, 435 U.S. 349, 355-56 (1978) (" [J] udges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts are in excess of their jurisdiction, and are alleged to have been done maliciously or corruptly.” (internal quotation marks omitted) ) .
Source: Wikisource

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