Glick v. Edwards, No. 13-35230 (9th Cir. 2015)Annotate this Case
Plaintiff, convicted for sexually assaulting the 13-year-old daughter of his girlfriend, filed a number of civil suits against various federal and state officers and institutions, and some private persons alleging a governmental conspiracy to persecute plaintiff and violation of his constitutional rights. In this case, plaintiff filed eight causes of action against 19 defendants, including District Judge Donald W. Molloy and Magistrate Judge Jeremiah C. Lynch. When plaintiff filed the action, the case was assigned to the same judges who had presided over his earlier case, Judge Molloy and Magistrate Judge Lynch. Principally at issue on appeal is plaintiff's contention that District Judge Molloy and Magistrate Judge Lynch abused their discretion when they declined to recuse themselves from presiding over plaintiff's claims, despite being named as defendants. The court held that the rule of necessity applies where
every judge of a tribunal would otherwise be disqualified. Therefore, the rule of necessity permits a district judge to hear a case in which he is named as a defendant where a litigant sues all the judges of the district. Accordingly, Judges Molloy and Lynch did not abuse their discretion when they declined to recuse themselves, though named as defendants in this action. The court affirmed the judgment.