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Huminski v. Corsones

Appeal from a judgment of the United States District Court for the District of Vermont (J. Garvan Murtha, Judge) (1) ruling that the defendants Hon. Nancy Corsones and Hon. M. Patricia Zimmerman were not entitled to the defense of judicial immunity in connection with the issuance of Vermont Notices.....

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Appeal from a judgment of the United States District Court for the District of Vermont (J. Garvan Murtha, Judge) (1) ruling that the defendants Hon. Nancy Corsones and Hon. M. Patricia Zimmerman were not entitled to the defense of judicial immunity in connection with the issuance of Vermont Notices Against Trespass broadly limiting the plaintiff’s access to Vermont court property, (2) denying the motions for summary judgment of Corsones, Zimmerman, and Rutland County court administrator Karen Predom, based on their assertion of qualified immunity, (3) denying the plaintiff’s motion for summary judgment on his claims against Corsones, Zimmerman, and Predom under 42 U.S.C. §1983 because he had not established a violation of his First Amendment rights, (4) granting a motion for summary judgment by defendants Sheriff R.J. Elrick and the Rutland County Sheriff’s Department on the plaintiff’s claims against them under 42 U.S.C. §1983 on the ground of sovereign immunity, and (5) dissolving a preliminary injunction barring the defendants from enforcing the trespass notices. Affirmed in part; vacated and remanded in part.

Robert Corn-Revere, Davis Wright Tremaine, LLP (Ronald G. London, Robert B. Mahini, and Constance M. Pendleton, of counsel), Washington, DC, for Plaintiff-Appellant.

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