Heath v. Cornelius

511 S.W.2d 683, 1974 Tenn. LEXIS 496
CourtTennessee Supreme Court
DecidedMay 6, 1974
StatusPublished
Cited by23 cases

This text of 511 S.W.2d 683 (Heath v. Cornelius) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heath v. Cornelius, 511 S.W.2d 683, 1974 Tenn. LEXIS 496 (Tenn. 1974).

Opinion

OPINION

McCanless, justice.

This case raises the question whether a criminal court judge is immune from civil suit for actions he takes while presiding over a criminal case in which he had jurisdiction. The act here involved was the judge’s order to have Andrew J. Heath, now the plaintiff in this cause, then the defendant to a criminal charge, taken into custody and his bond revoked without a hearing because his attorney failed to appear at Heath’s arraignment. The court sustained the defendant’s motion to dismiss under Rule 12.02(6) of the Tennessee [684]*684Rules of Civil Procedure. Direct appeal was therefore granted to this Court.

The plaintiff, Heath, was arrested December 17, 1971, on a misdemeanor charge and released on five hundred dollars bond. He appeared for arraignment on September 14, 1972, before the defendant judge in the Criminal Court of Davidson County, Division III. Plaintiff’s counsel did not appear, however, and the plaintiff informed the court that he did not know that his lawyer was supposed to be present. The defendant replied, “Take him into custody. We’ll review his bond.” The plaintiff remained in jail until September 18, 1972, when his lawyer informed him the defendant judge that he had not been notified of the arraignment date. The defendant then set new bail for plaintiff and ordered his release.

On March 1, 1973, the plaintiff filed suit against the defendant and the sheriff for false imprisonment, suing for $10,000.00 in compensatory and punitive damages. He later took a non-suit as to the sheriff. The defendant, represented by an Assistant Attorney General of the State, moved for a more definite statement under Rule 12.-05, Tennessee Rules of Civil Procedure. The plaintiff moved to require the Assistant Attorney General to show his authority to represent a judge in a civil suit, and to strike the defendant’s motion for a more definite statement.

On April 20, 1973, the trial court overruled the plaintiff’s motion to strike and took under advisement his motion to require the State to show its authority. The court granted the defendant’s motion for a more definite statement.

Thereafter, on May 1, 1973, the plaintiff amended his complaint in compliance with the court’s order, setting forth the facts which gave rise to the action for false imprisonment. The defendant then filed his motion to dismiss, contending that because of the doctrine of judicial immunity the complaint failed to state a cause upon which relief could be granted. The defendant also filed a motion for summary judgment, alleging the same grounds. Plaintiff then moved to strike the summary judgment motion, and all motions were set for a hearing on June 15, 1973. Following that hearing, the court overruled the plaintiff Heath’s two pending motions, and granted defendant’s motion to dismiss. On August 7, 1973, the court overruled the plaintiff’s motion for a new trial and granted this appeal to the Supreme Court.

The plaintiff assigns as error the trial court’s granting of the defenant’s motion to dismiss on grounds of judicial immunity. The courts of this State have recognized the general rule of judicial immunity since the decision in Webb v. Fisher, 109 Tenn. 701, 72 S.W. 110 [1902], The rule is that a civil action for damages will not lie against a judge of a court of general jurisdiction for his judicial acts if such acts were committed within the jurisdiction of his court. If done within his jurisdiction neither the correctness of nor motive behind the acts affects the immunity. The Court in Webb v. Fisher, supra, was guided by the first case establishing the doctrine of judicial immunity by the Supreme Court of the United States, Bradley v. Fisher, 13 Wall. 335, 80 U.S. 335, 20 L.Ed. 646 [1872]. The doctrine has most recently been upheld by that court in Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 [1967].

In Bradley v. Fisher, supra, the Supreme Court of the United States held that judicial immunity could be lost only for acts over which the judge had no jurisdiction whatever:

. . (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. A distinction must be here observed between excess of jurisdiction and the clear absence of all jurisdiction over the subject-matter. Where there is clearly [685]*685no jurisdiction over . . . the subject-matter, any authority exercised is a usurped authority, and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible. But where jurisdiction over the subject-matter is invested by law in the judge, or in the court which he holds, the manner and extent in which the jurisdiction shall be exercised are generally as much questions for his determination as any other questions involved in the case, although upon the correctness of his determination in these particulars the validity of his judgments may depend.”

The rule was also expressed in Boles v. Cox, 252 F.Supp. 173 [E.D.Tenn.1966]:

“Where there is jurisdiction over the subject matter and the person there is immunity, and even though a judge acts in excess of his jurisdiction the immunity remains. . . . But where an act is done in the clear absence of all jurisdiction and this is known to the judge there is no immunity.”

See also Thompson v. Heither, 235 F.2d 176 [6th Cir. 1956].

Applying the rule to the facts in this case, we hold that the defendant was exempt from civil liability. The judge had jurisdiction over the person of Andrew Heath, as well as over the offense with which Heath was charged. As observed above, allegations by the plaintiff of corruptness, malice, or error cannot abrogate this immunity. Webb v. Fisher and Bradley v. Fisher, supra. The rule was created not for the benefit of the individual judge, but for the benefit of the people; the doctrine protects the judiciary from vexatious lawsuits by dissatisfied litigants, thus avoiding a trend which would “contribute not to principled and fearless decision-making but to intimidation.” Pierson v. Ray, supra.

The plaintiff assigns as a second error the trial court’s granting of the defendant’s motion for a more definite statement. Rule 12.05 provides in pertinent part:

“If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, he may move for a more definite statement before interposing his responsive pleading.”

The plaintiff’s original complaint is shown below in its entirety:

“The plaintiff sues the defendants jointly and severally for ten thousand dollars compensatory and punitive damages for falsely imprisoning the plaintiff for more than four days from the morning of September 14, 1972, until the afternoon of September 18, 1972 without any authority of law.”

The language of our Rule 12.05 is identical with that in Rule 12(e) of the Federal Rules of Civil Procedure.

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Bluebook (online)
511 S.W.2d 683, 1974 Tenn. LEXIS 496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heath-v-cornelius-tenn-1974.