No. 18-5590

Veronica M. Johnson v. Virginia, et al.

Lower Court: Fourth Circuit
Docketed: 2018-08-15
Status: Denied
Type: IFP
IFP
Tags: 42-usc-1983 circuit-court civil-rights constitutional-rights due-process judicial-act judicial-immunity ministerial-duty spousal-support spousal-support-judgment
Key Terms:
DueProcess
Latest Conference: 2018-10-12
Question Presented (from Petition)

Is judicial immunity an affirmative defense that must be pleaded and proved by a judge when Plaintiff files a clearly stated, sufficiently documented 42 USC 1983 Complaint against a judge?

2. Whether the refusal of a sitting circuit Court Judge to exercise his nondiscretionary, ministerial duty to ENTER an already adjudicated, uncontested spousal support judgment (for $83,500.00) by operation of law enforcing the clear and unambiguous MANDATE contained in a Final Decree of Divorce upon a Plaintiff's written Motion (which Motion had a copy of the Final Decree of Divorce and a Sworn Affidavit of Arrearages attached) and which Final Decree of Divorce was enter by the same Court was a "judicial act" warranting "judicial immunity" when instead of acting in his "normal" capacity as a circuit court judge, taking jurisdiction to enter an Order by operation of law, dismissing Plaintiff's Motion, stating on the transcript, "You can file in juvenile court, and they will give you whatever the appropriate order is?"

Question Presented (AI Summary)

Is judicial immunity an affirmative defense that must be pleaded and proved by a judge when Plaintiff files a clearly stated, sufficiently documented 42 USC 1983 Complaint against a judge?

Docket Entries

2018-10-15
Petition DENIED.
2018-09-27
DISTRIBUTED for Conference of 10/12/2018.
2018-06-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 14, 2018)

Attorneys

Veronica M. Johnson
Veronica M. Johnson — Petitioner