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Judges and Judiciary

Sep. 12, 2012

Judges have legislative immunity, cannot be sued for ousting commissioner

Contra County County judges who allegedly ganged up to fire a commissioner after she unsuccessfully challenged a colleague in an election cannot be sued for retaliation because they have legislative immunity, an appeals court held Monday.


By John Roemer


Daily Journal Staff Writer


Contra Costa County judges who allegedly ganged up to fire a court commissioner after she unsuccessfully challenged a colleague in an election cannot be sued for retaliation because they have legislative immunity, a 9th U.S. Circuit Court of Appeals panel held Monday.


Soon after then-Commissioner Denise M. Schmidt lost a March 2004 election to Superior Court Judge John H. Sugiyama, the Contra Costa Cou...

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