Rockett v. Eighmy

In its amicus brief filed in Rockett v. Eighmy with the U.S. Court of Appeals for the Eighth Circuit, the Institute for Justice argues that Missouri Judge Eric Eighmy’s actions—personally escorting and detaining two minor children in a jail cell during a custody dispute—fall outside the scope of judicial immunity. The case stems from a 2019 custody hearing where Judge Eighmy, after the children protested a custody arrangement, allegedly took them to jail for an hour and later issued a pick-up order leading to their detention in Louisiana. The brief contends that these actions were not judicial in nature, as they exceeded his authority and lacked jurisdiction, violating the children’s First, Fourth, and Fourteenth Amendment rights.

IJ urged the court to affirm the district court’s denial of judicial immunity, emphasizing that such overreach undermines public trust in the judiciary and requires accountability. The Eleventh Circuit ultimately sided with plaintiffs and IJ, holding that the judge was not entitled to judicial immunity for his actions in personally jailing the children.