Dorcas Njenga v. Alberto Gonzales

05-3088Court of Appeals for the Eighth CircuitMar 30, 2007

Full text

1The Honorable J. Leon Holmes, Chief Judge, United States District Court for
the Eastern District of Arkansas.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 06-1847
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Jessie J. Johnson, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Harvey Yates, *
* [UNPUBLISHED]
Appellee. *
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Submitted: March 27, 2007
Filed: March 28, 2007
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Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.
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PER CURIAM.
Jessie Johnson appeals the district court’s 1 dismissal of his complaint against
Harvey Yates, a judge in the Circuit Court of Phillips County, Arkansas. Johnson
alleged that Judge Yates knew that a defendant in Johnson’s state-court lawsuit was
lying to the court at a hearing, but failed to hold the defendant in contempt of court.
We agree with the district court that Judge Yates was protected by absolute judicial
immunity. See Mireles v. Waco, 502 U.S. 9, 11 (1991) (per curiam).
Accordingly, we affirm the dismissal. See 8th Cir. R. 47B.
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