Daniel Norfleet v. Heather Renner
Opinion
Judy Farris is a Tennessee judicial commissioner. She issued a warrant for Daniel Norfleet's arrest based on an affidavit from his probation officer saying that he had violated his probation. Norfleet went to jail for several months. A state court judge dismissed the warrant on the ground that Tennessee commissioners lack authority to issue such warrants. Norfleet sued Farris under § 1983, alleging that she violated his Fourth Amendment rights by issuing a defective arrest warrant. Farris moved for judgment on the pleadings, arguing that judicial immunity shielded her from the lawsuit. The district court denied the motion. We reverse.
I.
In January 2015, the Houston County Circuit Court in Tennessee placed Norfleet on supervised probation for a six-year term. With probation came restrictions, including that Norfleet "not behave in a manner that poses a threat to others or [him]self." R. 1-2 at 1.
Norfleet's probation officer Heather Renner thought Norfleet violated that condition in September 2016. She prepared an affidavit to that effect and presented it to Farris, the judicial commissioner for Houston County. Farris issued a warrant for Norfleet's arrest. Police officers arrested Norfleet and took him to the Houston County jail. There he stayed until February 7, 2017, when a trial judge from the Houston County Circuit Court dismissed the warrant on the ground that the commissioner lacked authority to issue it.
*319 Norfleet sued Renner, Farris, the arresting officers, and several municipal defendants, alleging that they violated his Fourth (and Fourteenth) Amendment right to be free from an unreasonable seizure because Farris had no power to issue the probation-revocation arrest warrant and because the affidavit did not establish probable cause and resulted in a facially deficient warrant. Farris moved for judgment on the pleadings, claiming judicial immunity. The district court denied the motion, finding that Farris had no authority to issue an arrest warrant for a probation violation and that Renner's affidavit clearly failed to establish probable cause to support the warrant Farris signed.
II.
Judges generally speaking have broad immunity from being sued.
Mireles v. Waco
,
The line between the category of actions that protects Farris (acting in excess of jurisdiction) and the category that does not (acting in the complete absence of jurisdiction) is not self-revealing. Two illustrations come to mind. If a judge with general criminal jurisdiction ruled that an act amounted to a crime when it did not, he would merely act in excess of jurisdiction and thus be immune from a § 1983 lawsuit challenging his decision.
Bradley
, 80 U.S. at 352 ;
see
Stump v. Sparkman
,
These examples still leave plenty of room for debate. Happily for us, the inquiry comes with a presumption. Keeping in mind that jurisdictional questions can be among "the most difficult" judges must answer,
Bradley
, 80 U.S. at 352, and keeping in mind that, without this deeply rooted immunity, judges might lose the courage of their convictions in construing jurisdictional statutes,
id. at 346-48, we err on the side of granting immunity in close cases,
Stump
,
The question, then, is not whether judges overstep their authority; it is whether they do so clearly. That's why one could not say that all federal judges, trial or appellate, who have failed to appreciate the emerging line between claim-processing rules and subject matter jurisdiction limitations, a common mistake over the last two decades, were ineligible for judicial immunity for their actions.
See
Arbaugh v. Y&H Corp.
,
Two other case examples add a few more contours to the inquiry. In
Stump
, the U.S. Supreme Court held that a judge
*320
on an Indiana court with general jurisdiction was immune from suit for granting a petition for a young woman to be sterilized.
That wind up leaves us with two questions to answer: Did Farris perform a judicial act? If so, did she clearly lack authority to perform that act?
Farris clears the first immunity hurdle. Issuing an arrest warrant is a judicial act.
See
Foster
,
She clears the second one too. Nothing clearly deprived Farris of subject matter jurisdiction to issue Norfleet's probation-revocation warrant.
Tennessee statutes describe the authority of judicial commissioners and the process for revoking parole. Begin with commissioners. The legislatures in counties with certain populations, including Houston County, may appoint judicial commissioners.
Tennessee law also addresses probation. It gives a "trial judge" authority to include a period of probation in the sentence,
These statutes do not clearly remove a commissioner's power to issue a probation-revocation arrest warrant. The first statute, the one laying out a judicial commissioner's powers and duties, is not exhaustive.
The second statute, the one describing a trial judge's powers, is not exclusive with respect to probation. It does not say that
only
trial judges may issue probation-revocation arrest warrants. That provision also could reasonably be read to treat revocation warrants like warrants in "any other criminal case."
Hoping to fend off that conclusion, Norfleet places most of his chips on the limited nature of a judicial commissioner's authority.
See
State v. Bush
,
Even under King , Norfleet points out, the probation-revocation statute still counts as a clear limit on a commissioner's power because it mentions only trial judges. But, as just shown, each of the pertinent grants of power is not exclusive or exhaustive. Between her non-exhaustive duties, her general criminal arrest warrant authority, and the probation statute's analogy to general criminal cases, there is a non-trivial argument that Farris had jurisdiction. So she acted at most in excess of jurisdiction but not obviously without it.
No case to our knowledge definitively answers the question one way or the other. The Tennessee Supreme Court, best we can tell, hasn't commented on a commissioner's authority to issue probation-violation arrest warrants. While the intermediate Tennessee courts have discussed probation revocation more generally, they have not dealt with magistrates or commissioners who issued probation-revocation arrest warrants. The language in two opinions, one of them unpublished and the other written before Tennessee enacted the judicial commissioner statute, may suggest the power to issue probation warrants applies only to trial judges.
See
Jackson v. Metro. Gov't of Nashville
, No. M2009-01970-COA-R3-CV,
Norfleet adds that a Tennessee Attorney General opinion supports his position. True enough, the opinion advises that magistrates may not issue probation-revocation arrest warrants and says that trial judges have that authority. Op. Tenn. Att'y Gen. 04-054 (2004). But the opinion is not binding in Tennessee. State courts remain the authoritative interpreters of state law.
State v. Frazier
,
For these reasons, we reverse and remand the case to the district court to enter judgment for Farris.
Reference
- Full Case Name
- Daniel B. NORFLEET, Plaintiff-Appellee, v. Heather RENNER, Defendant, Judy Farris, in Her Official and Individual Capacity, Defendant-Appellant.
- Cited By
- 41 cases
- Status
- Published