TTH Attorney Sarah Cobbs recently won an appeal filed with the Third Circuit Court of Appeals, who affirmed the District Court’s dismissal of Plaintiff’s case.  The case involved allegations that Plaintiff’s right to due process was violated when a probation officer arrested him using a pre-signed warrant. The practice of using pre-signing warrants for probation officers’ use in emergency situations was initiated by then-president Judge Katherine Emery, following several unfortunate deaths related to domestic violence.  In this instance, after the Plaintiff was arrested using a pre-signed warrant, he alleged that this procedure violated his constitutional right to due process, since it was a probation officer, not a Judge, who made the decision to issue the warrant.

The District Court dismissed the case in its entirety following argument on a Motion for summary judgement filed by Sarah.  Agreeing with her Motion, the District Court found that the probation officer was entitled to quasi-judicial immunity.  It thus dismissed Plaintiff’s claim.  Plaintiff appealed to the Third Circuit, arguing that quasi-judicial immunity did not apply, since no Judge had directed the probation officer to act upon the warrant.  Following oral argument, the Third Circuit upheld the District Court’s ruling and denied Plaintiff’s appeal.  The Third Circuit found that the probation officer was acting pursuant to a Court directive by using a warrant pre-signed by a Judge, and that quasi-judicial immunity did apply to the probation officer’s actions.

Questions about this case can be directed to Sarah Cobbs at (412) 926-1447 or scobbs@tthlaw.com.