The U.S. 6th Circuit Court of Appeals dismissed a lawsuit against former circuit judge Wade McCree, who slept with the plaintiff and wife of the defendant in a child custody case before him, according to Jonathan Turley.
Robert King sued McCree and his former wife Geniene La’Shay Mott for damages, alleging that Judge McCree violated his due-process rights.
Both the trial court and the Sixth Circuit upheld McCree’s right to judicial immunity, aka immunity from liability for damages for acts committed within their “judicial jurisdiction.” Jonathan Turley reports that the court based the ruling on McCree’s rulings as a judge in the original child custody case he presided over versus his actions outside the courtroom.
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The Sixth Circuit’s courtroom opinion on the lawsuit stated, “Because Judge McCree performed acts normally performed by judges and because he did so in his capacity as a state circuit court judge, his acts were ‘judicial.’ Accordingly, he receives judicial immunity.”
Though he’s still protected from lawsuits, the Michigan Supreme Court’s Judicial Tenure Commission did file a complaint against McCree based on his conduct, ultimately leading to his removal from office.
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