BOYD v. CARROLL

No. 79-2242.

624 F.2d 730 (1980)

Mrs. Lillian Lorene BOYD, Plaintiff-Appellant, v. Olen E. CARROLL et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 23, 1980.


Attorney(s) appearing for the Case

Noel R. Cain, Cox, Kreimeyer & Cain, Belton, Tex., for plaintiff-appellant.

W. C. Haley, Waco, Tex., for defendants-appellees.

Before CHARLES CLARK, TJOFLAT and GARZA, Circuit Judges.


CHARLES CLARK, Circuit Judge:

This appeal might have presented a novel twist on the familiar problems of judicial immunity. We might have been required to determine whether a private citizen had attained the status of judge, if the pleadings of the plaintiff had challenged the judicial status of the defendant who presided at her trial, or if the "judge" defendant had pled judicial immunity as an affirmative defense. As it was, the case was tried to verdicts against...

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