Judge who had affair with man’s ex-wife while overseeing his child support case cannot be sued, rules court
A federal appeals court has upheld a lower court’s ruling that a disgraced Detroit judge cannot be sued by a defendant in a child support case he presided over.
The decision dated Monday by the Sixth Circuit Court of Appeals in Cincinnati cites existing U.S. Supreme Court law that Wade McCree is immune from lawsuits stemming from judicial actions. Robert King had claimed that the former Wayne County Circuit Court judge violated his civil rights. The married McCree had a sexual relationship with Geniene La’Shay Mott while presiding over a 2012 child support case between her and King.
Some of the trysts took place in McCree’s chambers. According to the Detroit Free Press, McCree sexted Mott from the bench and gave her thousands of dollars. Courts have long prevented judges being sued by litigants for their decisions, but King’s attorney Joel Sklar says McCree used his judicial immunity ‘as a shield for self interest.’
‘There should be no immunity for what happened here,’ said Sklar.
He is appealing to the U.S. Supreme Court for help in challenging the doctrine that judges can’t be sued for their court decisions. Brian Einhorn, McCree’s attorney, says his client’s decision to tether King and order him to pay child support was the appropriate one.
‘In our system, people are going to be unhappy when a judge renders a decision. And if a judge can be sued because the decision they made – in someone’s opinion – was right, wrong or unfair, then our system of justice doesn’t work,’ Einhorn said, reports the Detroit Free Press. King says McCree found favorably for his ex-wife because of his ‘desires for sexual gratifications.’
America; where Judges, Congressman and Presidents are immune from the rule of law.