11th Amendment Protects Against Official Capacity, But Not Individual Capacity, Suit Against Judge

In Pucci v. Nineteenth District Court, (6th Cir., Dec.16, 2010), the U.S. 6th Circuit Court of Appeals held that a state court and its judge in his official capacity have 11th Amendment immunity in a suit by the former deputy court administrator who claims she was dismissed in retaliation for her complaints to state officials about the judge's use of religious language from the bench. The 6th Circuit went on to hold, however, that plaintiff may sue the judge in his individual capacity for declaratory and injunctive relief. The court concluded Chief Judge Mark Somers did not have qualified immunity as to plaintiff's due process or First Amendment claims against him. Local attorneys as well as plaintiff complained about Somers.  The 6th Circuit included this excerpt from the record setting out complaints about the judge's conduct:

Judge Somers used official court stationary on three separate occasions to send official correspondence affixing a quote from a biblical passage[;] . . . [according to Foran,] a “Muslim boy got a stiffer sentence because of the fact that whatever offense he had, it happened during . . . Ramadan[]”; [o]thers complained that Judge Somers lectured defendants about marijuana, declaring that it was the devil’s weed or Satan’s surge, and that he would ask litigants in court if they go to church.

 Courthouse News Service reports on the decision. (See prior related posting.)