No. 22-883

Rachel Evens v. David Gilbertson, et al.

Lower Court: Eighth Circuit
Docketed: 2023-03-14
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights constitutional-rights diversity-jurisdiction due-process judicial-immunity standing state-court-proceedings subject-matter-jurisdiction younger-abstention
Latest Conference: 2023-04-28
Question Presented (from Petition)

1: What constitutes "acts in excess of jurisdiction" versus "the clear absence of subject-matter jurisdiction", with the judges being subject to civil liability in the latter and not granted judicial immunity?

Does absolute judicial immunity apply where exclusive jurisdiction is "conferred by law upon some other court, board, or officer," and extensive statute or case law prohibits the judge from considering a petition for divorce and custody of minor children who are residents of another state?

2: Does Younger abstention doctrine apply to nullified and voided state proceedings? Or did the circuit court err in determining that abstention was required when a South Dakota court is illegally presiding over nullified Montana resident minor custody proceedings?

Question Presented (AI Summary)

What constitutes 'acts in excess of jurisdiction' versus 'the clear absence of subject-matter jurisdiction', with the judges being subject to civil liability in the latter and not granted judicial immunity?

Docket Entries

2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-03-27
Waiver of right of respondent David Gilberston, et al. to respond filed.
2023-03-09

Attorneys

David Gilberston, et al.
Jacquelyn A. BouwmanWoods Fuller Shultz & Smith P.C., Respondent
Rachel Evens
Rachel Evens — Petitioner