No. 25A1146

Walter A. Bernard v. Phillip A. Ignelzi, Individually and in His Official Capacity, et al.

Lower Court: Third Circuit
Docketed: 2026-04-17
Status: Application
Type: A
Tags: absolute-judicial-immunity contempt-of-court executive-capacity judicial-capacity section-1983 warrantless-arrest
Latest Conference: N/A
Question Presented (from Petition)

Whether a state judge who personally orchestrated and supervised the warrantless arrest of a litigant in his home by directing law enforcement officers acted in an immune judicial capacity or in a non-immune executive capacity as a de facto sheriff; and

Whether judicial immunity shields a state judge who held Applicant in contempt of a discovery order on appeal acted in the clear absence of all jurisdiction under Stump v. Sparkman, 435 U.S. 349 (1978) and its progeny.

Question Presented (AI Summary)

Whether absolute judicial immunity shields a state judge who personally orchestrated a warrantless arrest of a litigant and held him in contempt while lacking jurisdiction over a matter pending on appeal, or whether such actions constitute non-immune executive conduct falling outside the judicial function under Stump v. Sparkman

Docket Entries

2026-04-14
Application (25A1146) to extend the time to file a petition for a writ of certiorari from April 27, 2026 to June 26, 2026, submitted to Justice Alito.

Attorneys

Walter Bernard
Bruce Elliott FeinLaw Offices of Bruce Fein, Petitioner