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9th Circ. Denies Judge Immunity For Immigrant’s Illegal Arrest

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > 9th Circ. Denies Judge Immunity For Immigrant’s Illegal Arrest

9th Circ. Denies Judge Immunity For Immigrant’s Illegal Arrest

Law360 (August 11, 2020, 6:33 PM EDT) — The Ninth Circuit on Tuesday backed a decision denying a Montana sheriff deputy and local judge qualified immunity for the illegal courthouse arrest of an immigrant who allegedly in the country illegally, finding that the sheriff didn’t have probable cause for the arrest and the judge was an “integral participant.”

In a 26-page opinion, a three-judge panel affirmed a summary judgment ruling in favor of Miguel Reynaga Hernandez in his lawsuit accusing Deputy Derrek Skinner and then-Yellowstone County Justice of the Peace Pedro Hernandez of violating the Fourth Amendment.

The incident stems from a 2017 court proceeding before Justice Hernandez in…

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