Liability in non-official jurist actions

In two sweeping rulings encompassing multiple parties on both sides of the legal fence in four cases, a federal judge Friday dramatically reshaped the landscape of civil suits filed in the juvenile justice corruption scandal.

Senior U.S. District Judge A. Richard Caputo potentially crippled big chunks of the cases by upholding claims of immunity for the ex-judges involved in the suit, but kept alive other vital aspects by ruling that the immunity does not extend beyond official actions on the bench.

Caputo also rejected efforts to add Luzerne County to the cases, or to dismiss other defendants.

The complex facets of the rulings are so tightly entwined, attorneys involved conceded unraveling the full impact might take time, but key components were clear:

• Luzerne County and any county official involved – commissioners, the district attorney, public defenders and probation officers – cannot be added to the cases and considered liable for the actions of former judges Michael Conahan and Mark Ciavarella, who are accused of accepting millions in exchange for actions that helped a private juvenile detention center thrive.

• Conahan and Ciavarella have full “judicial immunity” in the civil suits for any action they took on the bench. Caputo notes this means most actions by Ciavarella cited in the lawsuits fall under that immunity, which is established law in the U.S that dates back four centuries to British law. But the immunity does not extend to some of Conahan’s other actions that led to the closing of a county owned facility and increased placement of juveniles in PA Child Care, the private institutions in question. Those were administrative actions in his capacity as president judge at the time.

• Conahan does not qualify for “absolute legislative immunity,” which his attorney argued would protect him from any civil liability for those administrative actions. Caputo noted that, while the president judge recommends budgets for the judicial branch, and lobbies for budgetary changes, the office is not legislative. In fact, giving a president judge such budgetary authority would “likely violate the separation of powers” defined in the state Constitution, Caputo wrote.

• The immunity does not extend fully to Dr. Frank Vita, who was contracted with the judges to be exclusive provider of psychological evaluations. Plaintiffs argue Vita helped fill the private detention centers by deliberately creating a backlog of needed evaluations, thus prolonging their incarceration. Vita had sought to be dismissed from the suits on the grounds that he was appointed by the judges. Caputo rejected such “quasi-judicial immunity” regarding the backlog allegations.

• The immunity likewise does not extend to Perseus House, a facility which one of the four lawsuits contends mistreated a juvenile placed there by Ciavarella. Perseus House attorneys argued that the facility was following court orders, and Caputo agreed that was true regarding initial placement, but not true regarding the alleged mistreatment once the juvenile was there. “For any conduct beyond the court order, there is no immunity,” Caputo wrote.

Those highlights came in two separate rulings impacting four cases, two class action suits filed on behalf of juveniles affected by the scandal, and two cases filed on behalf of individuals. Caputo made a third ruling with little comment related to an effort by the judges to stay proceedings until anticipated state action occurred. Caputo said the Pennsylvania Supreme Court’s decision to vacate nearly all of Ciavarella’s rulings in 6,500 cases effectively made the request “withdrawn,” and that related motions to dismiss the wives of the two judges were defendants “moot.”

The Juvenile Law Center, which had spearheaded the class actions suits, as well as attorney Michael Cefalo, who represents some of the juveniles individually, both declared the ruling as a victory, despite the apparent setbacks.

“The big thing is that the judicial immunity has been denied in part, and we’re in place to proceed with the suit,” Cefalo said. “The only thing protected with regard to immunity is the judge’s conduct in the courtroom. Conduct outside the courtroom is not protected. Co-conspirators don’t get immunity.”

Cefalo also said he doubts there will be an appeal, at least on behalf of his clients. “We expected this,” he said. “I don’t think at this particular point any of this affects the outcome.”

In a press release, JLC Deputy Director Marsha Levick said, “This is an important victory for the plaintiffs. They will have the opportunity to pursue their allegations against the judges for their conduct outside the courtroom, including their acceptance of kickbacks and their conspiring with the developer and owner of the private for profit facilities.”

Attorney Jack Dean, who has been working with Luzerne County on the case, also praised the decision. “Judge Caputo’s decision specifically held there is no liability against the county,” Dean said.

“This was a well-reasoned, detailed, 33-page opinion that shows the judge went through and analyzed every action of the two judges, the district attorney and the public defenders office.”