Lundahl v. Harding

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Holli Lundahl,
Plaintiff and Appellant,

v.

Honorable Ray Harding, Jr.,
Defendant and Appellee.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 20010049-CA

F I L E D
May 3, 2001 2001 UT App 142  -----

Fourth District, Provo Department
The Honorable Louis G. Tervort

Attorneys:
Holli Lundahl, Midvale, Appellant Pro Se
Brent M. Johnson, Salt Lake City, for Appellee

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Before Judges Greenwood, Billings, and Orme.

PER CURIAM:

Lundahl appeals the trial court's November 15, 2000 order granting Judge Harding's motion to dismiss and denying her motion for summary judgment as well as the December 27, 2000 order denying her motion for new judgment. We affirm.

Lundahl seeks to hold Judge Harding liable for decisions he made in case number 990402021, Fourth District Court. However, a trial judge acting within the scope of his authority is not liable for or subject to suit for his decisions. See Christensen v. Ward, 916 F.2d 1462, 1473 (10th Cir. 1990) ("[J]udges are absolutely immune from suit on any claim based in the conduct of their office, including allegations that a decision is erroneous, malicious, or in excess of their judicial authority."). Judge Harding was acting in his judicial capacity over a case within his jurisdiction and thus, is immune from suit. Moreover, 42 U.S.C. § 1983 (1999), upon which Lundahl relies, only allows prospective injunctive relief against a judge when he has violated a declaratory decree or when no other declaratory relief is available. Lundahl seeks retroactive relief, has not shown that Judge Harding violated a declaratory decree, and has other remedies, namely, filing a direct appeal if she is dissatisfied with the final judgment in federal court.

Affirmed.
 
 
 

______________________________
Pamela T. Greenwood,
Presiding Judge
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 

______________________________
Gregory K. Orme, Judge