Freeman Cole v. Gloria L. Doyle and La Crosse County Court; Freeman Cole v. Wisconsin State Public Defender, Araysa Marie Simpson and Ransome Nathaniel Springer

Summary

The United States District Court for the Western District of Wisconsin dismissed two civil rights actions brought by pretrial detainee Freeman Cole under 42 U.S.C. § 1983. The court held that Judge Gloria L. Doyle was entitled to judicial immunity, the La Crosse County Court was not a separately suable entity and no municipal-liability claim was pleaded, and the public defenders were not acting under color of state law when performing traditional defense functions. Both complaints were dismissed without leave to amend, and the court directed that Cole receive two strikes under 28 U.S.C. § 1915(g).

Holdings

1. Judge Doyle is absolutely immune from damages for acts performed in her judicial capacity unless the acts were taken outside her judicial capacity or in the complete absence of jurisdiction. Presiding over hearings, ruling on defense counsel and self-representation, and denying bond assessments are judicial acts within the scope of her duties.
2. Cole was not entitled to injunctive relief concerning Judge Doyle's service as a judge because she was no longer presiding over his criminal proceedings and he did not show a real or immediate threat of irreparable injury from her actions.
3. The La Crosse County Court is not a legal entity separate from the county government it serves. Even treating the claim as one against La Crosse County, Cole failed to state a § 1983 claim because he alleged no unconstitutional county policy or custom.
4. Public defenders do not act under color of state law when performing traditional functions as counsel to a criminal defendant and therefore cannot be sued under § 1983 on that basis.
5. Cole failed to state a § 1983 claim against the Wisconsin State Public Defender because he alleged no personal involvement by that defendant and liability cannot rest solely on respondeat superior or vicarious liability.

Questions Presented

1. Whether Cole stated a § 1983 claim against Judge Gloria Doyle based on judicial acts taken during his criminal proceedings.
2. Whether the La Crosse County Court could be sued as a separate legal entity under § 1983 and, if not, whether Cole alleged a municipal policy or custom sufficient to impose liability.
3. Whether Cole stated a § 1983 claim against public defenders for performing traditional functions as counsel to a criminal defendant.
4. Whether Cole stated a § 1983 claim against the Wisconsin State Public Defender absent allegations of personal involvement or unconstitutional conduct.
5. Whether the complaints should be dismissed without leave to amend and whether Cole should receive two strikes under 28 U.S.C. § 1915(g).

Disposition

dismissed