Sunday, June 28, 2009

Eleventh Circuit Affirms Broward Chief Judge Tobin's Qualified Immunity

In Spechler v. Tobin (09-10246), the Eleventh Circuit affirmed a decision relating to Broward County Chief Judge Victor Tobin's qualified immunity.

The appellant, a former county court Judge in Broward County, argued that Chief Judge Tobin violated "various liberty and property interests without due process of law, as well as other state law claims. These claims arose out of former county judge Spechler’s reassignment by the Chief Judge to a different judicial post, and Spechler’s resignation one day later, alleging that he had been 'banished' to a satellite court office with a nonexistent docket."

The Eleventh Circuit affirmed the district court's holding that Chief Judge Tobin is "protected by qualified immunity because no violation of a clearly established constitutional right occurred, plaintiff does not have standing to pursue his claims, sovereign immunity protects defendant from the state law claims, and, in any event, they have no merit."


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