ANTHONY LONGSTREET, SR., Claimant, v. THE STATE OF ILLINOIS, Respondent.
Case summary
Claimant, an inmate, sued a judge for negligence in failing to inform him of his rights and refusing habeas corpus, seeking $100,000. The court dismissed the claim because the judge was entitled to absolute judicial immunity.
Cases cited: Forrester v. White (1988), 108 S. Ct. 538, 543, 544; Nance v. Lane (N.D. Ill. 1987), 663 F. Supp. 33, 35; Scruggs v. Moellering (7th Cir. 1989), 870 F.2d 376, 377; Dellenbach v. Letsinger (7th Cir. 1989), 889 F.2d 755, 761; Ohse v. Hughes (7th Cir. 1987), 816 F.2d 1144, 1154; Anderson v. Roszkowski (N.D. Ill. 1989), 681 F. Supp. 1284, 1292
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- JIM RYAN, Attorney General (DONALD C. MCLAUGHLIN, Assistant Attorney General, of counsel), for Respondent.
- IMMUNITY-when members of judiciary are entitled to immunity. Members of the judiciary are entitled to absolute immunity for performance of their duties, and such immunity applies to judicial acts or rulings on matters before the bench and within the Court’s jurisdiction and it insulates judges from liability in damages for judicial acts.
- SAME-inmate’s negligence claim against judge dismissed-absolute immunity. In an inmate’s claim against a judge alleging that, during the course of the inmate’s criminal case, the judge negligently deprived him of his constitutional rights, the judge was entitled to absolute immunity from liability in damages to the inmate and the claim was dismissed, since the judge’s alleged actions occurred in his judicial capacity while he presided over criminal matters involving the inmate.
ORDER
PATCHETT, J.
This matter coming to be heard on the motion of the State of Illinois to dismiss the claim herein, and it appearing to the Court that Claimant has received due notice, and the Court being fully advised in the premises:
According to the complaint, Claimant, while an inmate at the Pontiac Correctional Center, brought this pro se complaint in tort against Randolph County 20th Judicial Circuit Judge Jerry D. Flynn. Claimant was convicted of aggravated battery and given a two-year consecutive sentence.
Claimant seeks damages of $100,000 for the negligence of Judge Flynn. Claimant alleges the judge breached [*465] his duty to inform the Claimant of his rights to be tried on an indictment and to have a grand jury hear evidence in a criminal case for the purpose of establishing probable cause to prosecute for the offense of aggravated battery. Claimant alleges the judge was required by law to execute a written waiver that the Claimant knowingly waived his right to be tried on an indictment yet failed to do so.
Claimant alleges Judge Flynn refused to issue a writ of habeas corpus demanding his release from the Illinois Department of Corrections. Furthermore, based on Judge Flynn’s actions, Claimant alleges his constitutional rights were violated, he suffered hardship, as well as the infliction of mental pain and mental anguish. As a result, Claimant alleges he is justly entitled to compensation by the State for the negligence of Judge Flynn in the sum of $100,000.
Members of the judiciary are entitled to absolute immunity for performance of their judicial duties. (Forrester v. White (1988), 108 S. Ct. 538, 543, 544; Nance v. Lane (N.D. Ill. 1987), 663 F. Supp. 33, 35; Scruggs v. Moellering (7th Cir. 1989), 870 F.2d 376, 377; Dellenbach v. Letsinger (7th Cir. 1989), 889 F.2d 755, 761.) Absolute immunity applies to judicial acts or rulings on matters before the bench and within the Court’s jurisdiction. (Ohse v. Hughes (7th Cir. 1987), 816 F.2d 1144, 1154.) Absolute immunity insulates members of the judiciary from liability in damages for judicial acts. Anderson v. Roszkowski (N.D. Ill. 1989), 681 F. Supp. 1284, 1292.
Claimant alleges Flynn was a judge of the Circuit Court of Randolph County who was assigned to hear the matter of People v. Anthony Longstreet, 91-CF-41. (See Claimant’s complaint). The Claimant was convicted of aggravated battery on December 4, 1991.
[*466] The Claimant’s complaint indicates Jerry D. Flynn was a judge of the Circuit Court of Randolph County assigned to hear matters where Claimant was a defendant. The Claimant appeared before this member of the judiciary who was performing judicial duties to conduct hearings or trials relating to the criminal matters involving the Claimant. Judge Flynn is entitled to absolute immunity from liability in damages in this present action since his actions clearly occurred in his judicial capacity as a trial judge of the criminal matters in which the Claimant was a party. The mere fact that Claimant appears unhappy with being convicted should be addressed on appeal and not brought as an action against this judge of the Circuit Court of Randolph County in the Illinois Court of Claims.
It is hereby ordered that the motion of the State of Illinois be, and the same is, hereby granted, and the claim herein is dismissed with prejudice.
[*586] CRIME VICTIMS COMPENSATION ACT
Where person is victim of violent crime as defined in the Act; has suffered pecuniary loss; notified and cooperated fully with law enforcement officials immediately after the crime; the injury was not substantially attributable to the victim’s wrongful act or substantial provocation; and his claim was filed in the Court of Claims within one year of the date of injury, compensation is payable under the Act.