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Price v. Lemmon

United States Court of Appeals, Fifth Circuit
Jun 8, 2010
380 F. App'x 457 (5th Cir. 2010)

Opinion

No. 10-30244 Summary Calendar.

June 8, 2010.

Stanley Price, New Orleans, LA, pro se.

Appeal from the United States District Court for the Eastern District of Louisiana, USDC No. 2:09-cv-07563.

Before KING, STEWART, and HAYNES, Circuit Judges.


Stanley Price, proceeding pro se and in forma pauperis, appeals the district court's dismissal of his suit against Judges Patrick Higginbotham, Rhesa Barksdale, Jennifer Elrod, and Mary Ann Vial Lemmon. Price alleges that the judges are liable for various decisions they made in his underlying housing suit. See Price v. Hous. Autk. of New Orleans, 320 Fed.Appx. 214, 215-16 (5th Cir. 2009) (per curiam) (outlining Price's housing suit claims). The district court dismissed Price's claims with prejudice pursuant to 28 U.S.C. § 1915(e)(2), determining that all of his claims should be dismissed on the grounds of judicial immunity.

"It is well established that judges enjoy absolute immunity for judicial acts performed in judicial proceedings." Mays v. Sudderth, 97 F.3d 107, 110 (5th Cir. 1996) (citing Pierson v. Ray, 386 U.S. 547, 553-54, 87 S.Ct. 1213, 18 L.Ed.2d 288 (1967)). "`A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has acted in the clear absence of all jurisdiction.'" Id. at 111 (quoting Stump v. Sparkman, 435 U.S. 349, 356-57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978)). Even liberally construing Price's briefing, we find no merit in his conclusory arguments that the judges acted outside their jurisdiction. See id. The district court properly dismissed Price's claims.

AFFIRMED.


Summaries of

Price v. Lemmon

United States Court of Appeals, Fifth Circuit
Jun 8, 2010
380 F. App'x 457 (5th Cir. 2010)
Case details for

Price v. Lemmon

Case Details

Full title:Stanley PRICE, Plaintiff-Appellant v. Mary Ann Vial LEMMON, as Judge and…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 8, 2010

Citations

380 F. App'x 457 (5th Cir. 2010)

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