where is judge sylvia james today

DETROIT – Former Detroit City Councilwoman Sharon McPhail is expected in court Tuesday morning after being fired as the chief administrative officer of a Detroit charter school, a job she refuses to leave. 's Resp. Sept. 22, 2015) (Mem.) at 183:6-23.) 1989)). The actual investigation is performed by the staff attorneys. Motion for Judgment on the Pleadings Pursuant to Fed. Ben Roberts-Smith will find out today how judge reached decision in ... (Anderson Dep. . 121:1-122:23.) The facts relevant to Plaintiff's Fourth Amendment claim, viewed in the light most favorable to the Plaintiff, are set forth in detail in this Court's Opinion and Order granting Defendant Anderson's motion for summary judgment and, as relevant here, are as follows. text-align: center; 2020 07 02 Alabama Judge Alan L King vs Bashinsky State Supreme Court. Washington argues that he is entitled to qualified immunity because the Sixth Circuit's ruling in this case that Plaintiff's locked, personal safe was more like a purse or a piece of luggage than a filing cabinet was "an expansion" of the right to privacy established in O'Connor. (Internal quotation marks and citations omitted); Armengau v. Cline, 7 F. App'x 336, 344 (6th Cir. When reviewing a motion to dismiss under Rule 12(b)(6), a court must "construe the complaint in the light most favorable to the plaintiff, accept its allegations as true, and draw all reasonable inferences in favor of the plaintiff." 197:25-199:14.) That was purely something that happened at the Supreme Court level - neither he nor the JTC had anything to do with that decision. Beaufort, N.C. Judge Couch is a member of the North Carolina State Bar. Start today for $1 - Expires 3 . Decided: July 31, 2012. . 50:24-51:14.) Copyright 2018 by WDIV ClickOnDetroit - All rights reserved. Following its hearing on the allegations against Judge James, the Michigan Judicial Tenure Commission released its official complaint against James. display: block; 24:6-9.) Fischer is also entitled to Eleventh Amendment immunity for claims against him in his official capacity for monetary damages, which are the only claims asserted against him in this action. Died on Sunday, November 14, 2021, at age 87. what is judge sylvia james doing now. As to Defendant Washington, Plaintiff has adduced sufficient evidence to create a genuine issue of material fact that: (1) Washington was told by Green at the outset of the investigation into Plaintiff's alleged misconduct that Plaintiff had a safe in her office and that the safe contained personal information and Plaintiff's privacy in the safe was not to be breached; (2) Washington asked Nicole James to open the safe and when she refused he told her that was okay because he had "other plans for that;" (3) Washington alerted Anderson to the already-opened safe and directed her attention to the documents that were visible in the safe. Numerous courts have concluded that the Michigan Supreme Court, and state disciplinary agencies that function under its authority, are state entities entitled to immunity from suit in federal court under the Eleventh Amendment absent waiver of that immunity or abrogation by Congress, neither of which has occurred here. "In deciding a motion for summary judgment, the court must draw all reasonable inferences in favor of the nonmoving party." Washington's testimony regarding when he first became aware that there was a safe in Plaintiff's office is inconsistent with both Nicole James's testimony that Washington specifically asked her to clean out the safe prior to James returning to the court on July 14, 2011, and with Anderson's testimony that at some point prior to July 14, 2011, Washington called her into his office and alerted her to the open safe. The state Supreme Court determined McCree discussed possible punishment for the father of the woman's child with her, had intercourse in his chambers, snuck a cell phone in through the employee entrance for her and lied when he finally recused himself from the case. .widget-key { Candidates were given one of five ratings: Outstanding, Well Qualified, Qualified, Not Qualified or No Rating. Plaintiff asserts claims under 42 U.S.C. at 184:6-185:7.) Stream It Or Skip It: 'Judy Justice' On IMDb TV, Where Judge Judy Sheindlin Dispenses Her Signature Brand Of Tough Justice For A Streaming Audience. .widget-value { demeanor, intemperance (drunkeness), practicing law, prejudice or partiality, physical or mental disability, review of a legal ruling, docket delay. Atlanta Judges. Similarly, at the hearing on the Defendants' motion, Plaintiff's counsel acknowledged that the evidence against Green was evidence of "omission," which is not sufficient to demonstrate personal involvement under § 1983. "It was reported that the JTC only gave Judge Stowe 'a wrist slap.'" Justin dismissed traffic tickets for himself, his wife and his staff, but also had an extensive history of other bad behavior, justices said. Ben Robert-Smith has not responded to the judgement. Anything less would only further prove that Judicial Misfits are held to a lower standard of conduct than everyone else in the Wolverine State. Community Rules apply to all content you upload or otherwise submit to this site. "As we have held, the 'threshold element of an equal protection claim is disparate treatment; once disparate treatment is shown, the equal protection analysis to be applied is determined by the classification used by government decision-makers.'" School districts | Where the defendant brings a factual attack on the subject matter jurisdiction, no presumption of truth applies to the allegations contained in the pleadings, and the court may consider documentary evidence in conducting its review. Anyone mentioned by name in any article is welcome to file a response. 2d 762, 774 (E.D. Inkster Judge Sylvia James Inkster's 22nd District Court Judge Sylvia James misused funds meant for crime victims, the Michigan Supreme Court found. Oregon Judges - Ugly Judge Plaintiff asserts that "[p]rosecutors alleged that Judge Konschuh used funds his office received and placed them in his own personal bank account." Margaret Rynier was the staff attorney assigned to James's case. 132:13-16, 248:14-15.) Plaintiff points out that Fischer concedes in his motion that "James's accusations against Fischer all concern actions taken in his official capacity investigating the charges against James." As relevant here, and as stated in this Court's previous Opinion and Order, the Sixth Circuit concluded that Plaintiff did plausibly plead a Fourth Amendment claim based upon allegations of the warrantless search of the safe that James kept in her office at the 22nd District Court. See Memphis Commun. Judge Mark Fuller. Plaintiff has argued that Washington would not be entitled to qualified immunity on these facts because O'Connor clearly established that a reasonable judicial officer would know that a search of a private locked safe, that was known by him not to contain any work-related material and that he was instructed not open, in the context of an administrative search for evidence of workplace misconduct, would violate the Fourth Amendment. 143, Pl. (Id. But not every "novel" circumstance will entitle an official to qualified immunity: The issue here, however, is not just whether O'Connor presaged the unconstitutionality of a search of a locked safe that may contain work-related materials, kept in an office environment, in the context of an investigation of workplace misconduct. (Mike Mulholland | MLive.com). Fischer's Mot. Defendants Green and Washington argue that they are entitled to "broad immunity" from claims under Michigan Court Rule 9.227, which provides in relevant part: "Members of the [JTC] and their employees and agents, masters, and examiners are absolutely immune from civil suit for all conduct in the course of their official duties." Bay Mills Community College let the school know Sept. 25 that it would be revoking DCSs' charter contract. Cookie Settings/Do Not Sell My Personal Information. Mich. Dec. 19, 2011)). at 22, PgID 5417.) The Judicial Tenure Commission offices in the Cadillac Place, where State of Michigan offices are held, in Detroit's New Center, Aug. 5, 2019. Six of the removals, including Brennan, have occurred in the last decade, an MLive review of JTC annual reports shows. However, McPhail is refusing to leave her position. (ECF No. Noteworthy events Judge Kathryn Schrader. He recalled that Plaintiff was placed on administrative leave in December 2011, because the hearing was in January or February of 2012 and she was removed in July 2012. And there is good reason for this because no such claim is pleaded in Plaintiff's Complaint. "The Eleventh Amendment bars § 1983 suits against a state, its agencies, and its officials sued in their official capacities for damages." In any event, while the record in this case does not contain "evidence" directed to the Pucci factors, it is undisputed that the Michigan Supreme Court has complete superintending control over the actions of the JTC, the state courts and the governor appoint the majority of the members of the JTC, and the functions of the JTC are totally within the purview of the Michigan Supreme Court. To quote the caption of Count IV of Plaintiff's Complaint which sets forth the allegations related to her equal protection claim: "Defendant Judicial Tenure Commission and Paul Fischer have violated the Plaintiff's right to equal protection of the law by prosecuting a complaint to remove her from the bench under circumstances that they routinely to pursue with matters involving respondents who are not African American." Buck v. City of Highland Park, Michigan, 733 F. App'x 248, 251 (6th Cir. Once that formal complaint is authorized to be filed by the JTC, the executive director takes on a new role as the examiner. Michigan judge suspended by Supreme Court, December 29, 2011. Justice . (Pl. Arendale v. City of Memphis, 519 F.3d 587, 601 (6th Cir. Id. The case continues only on Plaintiff's Fourth Amendment claim against Defendant Washington. James, 592 F. App'x at 458 (quoting O'Connor, 480 U.S. 726). The long-retired . at 111:1-11, 112:1-4.) No Supreme Court Justice can be elected to the JTC. This will not abide. Courts may "exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first in light of the circumstances in the particular case at hand." 2008) (quoting Lewis v. Philip Morris Inc., 355 F.3d 515, 533 (6th Cir. margin-bottom: 1px; Please, filling out Ballotpedia's Candidate Survey, Michigan judicial elections, 2012 - District Courts, Judicial Tenure Commission, Former Complaint No. The school is unable to get financing because of McPhail's credentialing issue. The plaintiff must present more than a mere scintilla of the evidence. (Id. 2008)). Court, 628 F.3d 752, 760 (6th Cir. (Tanya Moutzalias | MLive.com). 88. Combs v. Int'l Ins. Her report subsequently found that James used part of the court budget for charitable donations around the city, which would amount to a misappropriation of funds. Judge Donna D. Geck; Judge James E. Herman; Colorado Judges. Clemente v. Vaslo, 679 F.3d 482, 497 (6th Cir. vertical-align: top; Finally, Green testified that she informed Washington, as soon as she learned from the Plaintiff's attorney Ms. McPhail that Plaintiff's safe contained personal materials and that Plaintiff's privacy in her safe was to be protected. (Id. On September 2, 2015, this Court issued an Opinion and Order granting Defendants Jones, Hampton, and the City of Inkster's motions to dismiss and denying Defendant Anderson's motion to dismiss. display: inline-block; 16-12959, 2018 WL 1101311, at *7 (E.D. Commission complaint 1336, 1338-39 (E.D. [t]he plaintiff has the burden of showing that a right is clearly established . 10:18-11:4; ECF No. Following its hearing on the allegations against Judge James, the Michigan Judicial Tenure Commission released its official complaint against James. 1996) (holding that a state court judge is not entitled to judicial immunity for (1) "'actions not taken in the judge's judicial capacity,'" and (2) "'for actions, though judicial in nature, taken in the complete absence of all jurisdiction'") (quoting Mireles v. Waco, 502 U.S. 9, 11-12 (1991)). (Anderson Dep. As to the safe, the majority reasoned that, because James alleged in her Complaint that she purchased the safe for personal use and kept it under lock and key, and had instructed Deborah Green, the SCAO Regional Administrator at the time, that the safe was private and contained personal information and received an assurance from Green that her privacy rights in the safe would not be violated, the Complaint stated "a plausible claim that it was excessively intrusive to search her personal safe, because evidence of work-related misconduct was unlikely to be found there." at 457. Binay, 610 F.3d at 650-51 (finding genuine issue of material fact regarding officers' personal involvement precluded entry of summary judgment on the basis of qualified immunity); McKinney v. Lexington-Fayette Urban County Gov't, 651 F. App'x 449, 457-58 (6th Cir. As Plaintiff correctly observes, "[a] plaintiff's proposed comparators need not be exactly similarly situated, and the question of whether persons are similarly situated may in some cases be a question of fact for a jury." Inkster judge placed on paid suspension, script to be flipped Judy Justice | Where to Stream and Watch | Decider 32:7-14.) Judge Paul Escandon; New York Judges. Sharon McPhail fights firing from school in court, Detroit charter school says it has fired Sharon McPhail. ), Defendant Green also came to the courthouse and sought Anderson's cooperation and assistance with locating documents and providing information related to certain areas that were being investigated. The Committee to Expose Dishonest and Incompetent Judges, Attorneys and Public Officials, Powered by. She also rehired an unqualified magistrate who then erroneously signed over 15,000 bench warrants, hired and gave raises to her niece, and lied under oath, it found. 2006)). Johnson ran for re-election for judge of the Michigan 22nd District Court. 's Resp. "Or if it was thought that it was going to go further than that, at that point it would be a recommendation for a 28-day letter, which is what the Court Rules require to be provided - notice of the charges to be provided to the judge and then the judge has 28 days to answer, which is where the name comes from." Handy-Clay, 695 F.3d at 539 (internal citations and quotation marks omitted). At some point in this "clean up" process, Nicole James did bring some "boxes of stuff" to Anderson, including old court files, old registers of action, old pleas by mail, "from like the 1990s." Were they not entitled to the Eleventh Amendment immunity, they would be entitled to quasi-judicial and/or prosecutorial immunity. Judge Donna D. Geck; Judge James E. Herman; Colorado Judges. 143942. The Sixth Circuit has recognized "that public policy requires absolute immunity for public officials performing quasi-judicial functions in a number of circumstances." Fischer testified that it is possible that he discussed Plaintiff's case at some point with Deb Green but he has never spoken to Pamela Anderson. (Id. ), Anderson was aware and observed that Judge Washington and Plaintiff's niece, Nicole James who served as Plaintiff's judicial secretary and had a key to Plaintiff's office, were cleaning up Plaintiff's office and Anderson assumed that documents were being removed because the stacks of papers in Plaintiff's office were getting smaller but Anderson did not personally go through Plaintiff's office to look for documents. Mich. Sept. 2, 2015). Id. 142, Pl. Judge Socrates Manoukian's Elder Abuse State Appellate Court Review; Santa Barbara Judges. 2007). Steven Hirsch. Judge Batchelder dissented, finding untenable the majority's assumption that a safe is more analogous to a portable, lightweight briefcase or piece of luggage than the more permanent office fixtures of a desk or filing cabinet. Her attorney said that James would soon return to the bench, implying that the audits were just a misunderstanding that would be sorted out. That hearing lasted approximately six weeks and the special master filed her findings of fact and conclusions of law on April 23, 2012, finding that the JTC "had proven portions of all four counts by a preponderance of the evidence." As you'll see, calling Judge James arrogant is not only a monumental understatement but could be construed as "defamation per se" by her fellow Judicial Misfits throughout the country. 2011) (quoting U.S. Const. (ECF No. B. P. 12(b)(1). IN RE: Honorable Sylvia A. JAMES, Judge, 22d District Court. Docket No. 's Dep. Indeed, in Plaintiff's case, the JTC received grievances from both the SCAO and the City of Inkster attorney, David Jones. School District v. Stachura, 477 U.S. 299, 308, 308 n. 11 (1986) (holding that "the abstract value of constitutional rights may not form the basis for § 1983 damages," but observing that "nominal damages . Mich. Nov. 26, 2018). . Short road back for Sylvia James? | The Michigan Lawyer . color: white; Norby also did $3,000 of damage to her court's doors when she locked herself in her office one Sunday in 2018 and used her desk as a battering ram to free herself. 136, Defs.' Copyright © 2023 ClickOnDetroit.com is managed by Graham Digital and published by Graham Media Group, a division of Graham Holdings. James v. Hampton, No. Kayla is a Web Producer for ClickOnDetroit. Anderson testified that Judge Washington was with her when she reached her hand into the safe, pulled out a document and said "oh, these are tax returns," and "put the document back in the safe." at 195:23-196:17.) Mich. Feb. 23, 2018) ("[T]he Supreme Court is an arm of the state of Michigan and is immune from suit under the Eleventh Amendment. Some of this same background is set forth in the Court's Opinion and Order granting Defendant Anderson's motion for summary judgment, and is repeated here for context and as relevant to the claims against these Defendants.
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