6th Circuit says man can't sue judge who had affair with his wife during child-support case
A Michigan judge who admittedly had an affair with the wife of a man in a child-support case before his court won’t have to face a federal civil rights case, a U.S. appeals court has ruled.
Calling the conduct of now-former Wayne Circuit Judge Wade McCree “often reprehensible,” a three-judge panel of the 6th U.S. Circuit Court of Appeals nonetheless held the judicial immunity doctrine barred Robert King from seeking damages, the Detroit Free Press reports.
King, who claims his due process rights were violated by McCree on multiple occasions, can’t sue over the jurist’s judicial actions. And McCree’s nonjudicial actions aren’t responsible for the civil rights violations claimed by King, the panel explained in its Monday opinion (PDF). “Personal bias alone of a judge—when not serving in a judicial function—does not create a due-process violation.”
Attorney Joel Sklar represents King and told the newspaper his client intends to appeal the 6th Circuit ruling to the U.S. Supreme Court.
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