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Ninth circuit invokes judicial immunity in denying lawyer's appeal against federal judge who jailed her

SOUTHERN CALIFORNIA RECORD

Friday, November 22, 2024

Ninth circuit invokes judicial immunity in denying lawyer's appeal against federal judge who jailed her

Attorneys & Judges
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Harper | Twitter

A former LA Superior Court Judge candidate who obtained a $1.5 million settlement from the California Highway Patrol lost her appeal against Central District of California Judge Otis Wright III who jailed the lawyer for alleged contempt of court.

The Ninth U.S. Circuit Court of Appeals affirmed an order written by District Court Judge R. Gary Klausner dismissing Attorney Caree Harper’s lawsuit without leave to amend, according to media reports.

Chief Judge Sidney Thomas, Judge M. Margaret McKeown, and Senior Judge Michael Daly Hawkins ruled that neither lack of jurisdiction or commission of a nonjudicial act applied.

“Anything that a judge does while they're sitting up there on their throne is considered judicial in nature even if there's been subsequent case law and even if the judge takes a bribe,” said Los Angeles J.D. Alexander Baker. “There's case law that says even if the judge is maliciously trying to hurt somebody if it's judicial in nature, they're going to be absolutely immune.”

Harper, who is a former police officer, filed her lawsuit after Wright jailed her when she refused to answer attorney-client privileged questions in open court.

“There have always been questionable things that happened in court but lately it appears to have gotten so in your face like a bully in the schoolyard who shoves you around,” said Baker. “What are you going to do about it? I think what we have to do about it is just communicate this to the people.”

MetNews reported that Wright was concerned about Harper receiving 42% of the $1.5 million award in attorney fees.

“The government itself is a player,” Baker told the Southern California Record. “We're supposed to believe that they're neutral and that they're not interested in the outcome of a case but that's just not true. The government is a court player.”

At the core of the underlying litigation is the allegation that California Highway Patrol officers beat a great-grandmother who was found walking barefoot on a freeway.

“I cannot help but notice the stark similarities between what's going on in the United States and what took place in Nazi Germany in the 1930s where they did away with due process,” Baker said. “The idea that the state is just able to order millions of businesses to shut down is very eerily similar to Nazi Germany.”

Harper did not immediately respond to requests for comment but told MetNews, "As to Judge Wright getting away with egging on excessive force on an unarmed attorney in court to torture answers out of and then denying medical attention? I will file another judicial misconduct complaint. It is unfortunate that maybe someone will have to die to pierce 'judicial immunity' when it is so clearly being used as a weapon, not a shield.”

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