ARLINGTON, Va.—Today, the Institute for Justice (IJ) submitted an amicus brief in a case seeking to hold a judge accountable for throwing two innocent children in jail. The brief urges the 8th U.S. Circuit Court of Appeals to uphold a jury’s ruling that the children, Kadan and Brooklyn Rockett, are entitled to damages for the judge’s actions. 

This is the Rocketts’ second trip to the 8th Circuit in their quest to hold Taney County Judge Eric Eighmy accountable for personally imprisoning them. The first time the kids’ case was on appeal, the circuit court ruled that Judge Eighmy was not entitled to judicial immunity because judges have no authority to moonlight as jailers. This time (after a jury verdict in the Rocketts’ favor), Judge Eighmy argues that he is entitled to qualified immunity for his actions.  

“Every reasonable American knows that it’s unconstitutional for a sitting judge to take off his robe, descend from the bench, and throw innocent children in prison,” said IJ Attorney Dylan Moore, who wrote the brief. “Qualified immunity shouldn’t exist to begin with, but it certainly shouldn’t protect such obvious violations of the Fourth Amendment.” 

The case began in 2019 during a custody dispute between the children’s parents. During a court hearing before Judge Eighmy, the parents decided that the kids would go home with their mother that day. The children, who wanted to leave with their father, argued with their mom outside the courtroom.  

After the hearing was adjourned, Judge Eighmy injected himself into the children’s disagreement with their mother. When the kids stood their ground, Judge Eighmy escorted them to a nearby detention center. There, at Judge Eighmy’s direction, the Rocketts were forced to remove some of their clothing and sit in separate jail cells for about an hour. Judge Eighmy eventually returned, and the children agreed to leave with their mom—but only after the judge threatened to throw them in foster care, where they would never see their family again. 

The children’s father sued Judge Eighmy for the violation of their Fourth Amendment right to be free from unreasonable seizure. In response, the judge claimed he was entitled to judicial immunity, a powerful defense that routinely gets judges off the hook for egregious constitutional violations. Thankfully, the 8th Circuit refused to expand judicial immunity and allowed the Rocketts’ lawsuit to move forward. From there, a jury ruled the kids were entitled to $5,000 each in damages. Judge Eighmy now asks the appeals court to expand another bogus immunity doctrine—qualified immunity—to invalidate the jury’s verdict. 

“Immunity doctrines should not shield government officials from accountability when they clearly violate people’s constitutional rights, as Judge Eighmy did here,” said IJ Senior Attorney Anya Bidwell. “For years, Judge Eighmy has been trying to hide behind different immunity doctrines, despite the fact that this court has already ruled he isn’t protected by judicial immunity.”   

IJ filed a separate amicus brief in this case back in 2022 and participated alongside the Rocketts’ attorney in oral arguments. As part of its Project on Immunity and Accountability, IJ has filed several cases challenging immunity doctrines, including its first judicial immunity case against a judge who conducted a warrantless search of a home, which resulted in a victory.