Luzerne County Judges

November 20, 2009

Cohahan, Ciavarella partially immune from kids for cash suit, judge says

 U.S. District Judge A. Richard Caputo issued an order today that partially grants former judges Mark Ciavarella and Michael Conahan’s motion for judicial immunity in the kids for cash case.

In a 26-page opinion, Caputo said he realized his ruling would not be popular, but he believes the legal interpretation of the judicial immunity clause left him no choice but to grant the former jurists immunity.

Caputo said Ciavarella and Conahan are immune from liability for all actions they took in the courtroom. For Ciavarella, that includes decisions relating to the alleged wrongful incarceration of juveniles.

Caputo said he realizes that decision will not be popular, but he had no choice given the interpretation of the doctrine of judicial immunity.

Caputo so granted Conahan’s motion for immunity related to courtroom actions. But he denied the Conahan’s immunity claim relating to his signing of a placement agreement with PA Child Care that guaranteed the firm more than $1 million annually. Caputo determined that act was not judicial in nature, thus it was not subject to judicial immunity.

Tweet	Follow @TLnews

Send Question or Remark to the Publisher