HEATH v. CORNELIUS


511 S.W.2d 683 (1974)

Andrew J. HEATH v. Allen CORNELIUS, Jr.

Supreme Court of Tennessee.

Rehearing Denied July 15, 1974.


Attorney(s) appearing for the Case

Philip M. Carden, Nashville, for plaintiff-appellant.

David M. Pack, Atty. Gen., Bart Durham, Asst. Atty. Gen., Nashville, for defendant-appellee.


OPINION

McCANLESS, Justice.

This case raises the question whether a criminal court judge is immune from civil suit for actions he takes while presiding over a criminal case in which he had jurisdiction. The act here involved was the judge's order to have Andrew J. Heath, now the plaintiff in this cause, then the defendant to a criminal charge, taken into custody and his bond revoked without a hearing because his attorney failed to appear at Heath's arraignment...

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