A federal appeals court has upheld a lower court’s ruling that a disgraced Detroit judge cannot be sued by a defendant in a child support case he presided over.
The decision dated Monday by the Sixth Circuit Court of Appeals in Cincinnati cites existing U.S. Supreme Court law that Wade McCree is immune from lawsuits stemming from judicial actions.
Robert King had claimed that the former Wayne County Circuit Court judge violated his civil rights.
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Shielded: A federal appeals court has upheld a lower court's ruling that disgraced judge Wade McCree cannot be sued by a defendant in a child support case he presided over
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Illicit affair: Geniene La'Shay Mott had a child-support case pending in McCree's court and disclosed their affair in December 2013
The married McCree had a sexual relationship with Geniene La’Shay Mott while presiding over a 2012 child support case between her and King.
Some of the trysts took place in McCree’s chambers.
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According to the Detroit Free Press, McCree sexted Mott from the bench and gave her thousands of dollars.
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Courts have long prevented judges being sued by litigants for their decisions, but King's attorney Joel Sklar says McCree used his judicial immunity 'as a shield for self interest.'
'There should be no immunity for what happened here,' said Sklar.
He is appealing to the U.S. Supreme Court for help in challenging the doctrine that judges can't be sued for their court decisions.
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Sexting scandal: McCree allegedly sexted Mott from the bench during the proceedings
Brian Einhorn, McCree's attorney, says his client's decision to tether King and order him to pay child support was the appropriate one.
'In our system, people are going to be unhappy when a judge renders a decision. And if a judge can be sued because the decision they made — in someone’s opinion — was right, wrong or unfair, then our system of justice doesn’t work,' Einhorn said, reports the Detroit Free Press.
King says McCree found favorably for his ex-wife because of his 'desires for sexual gratifications.'
THe court, while ruling that McCree cannot be sued by King, called McCree's actions 'often reprehensible.'
Michigan’s Supreme Court in March ordered McCree removed from office and suspended him for six more years if he’s re-elected in November.
The Detroit Free Press reports that McCree's father, Wade Hampton McCree, Jr was the first black person appointed to the U.S. 6th Circuit Court of Appleals and the second black solicitor general in the U.S.
Read more: http://www.dailymail.co.uk/news/art...port-case-sued-rules-court.html#ixzz38jMM763j
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how can we give so much power to one person to fukk with another person life ?
