TBA Law Blog


Posted by: Paul Burch on Oct 30, 2023

The U.S. Court of Appeals for the Fourth Circuit ruled today a family court judge must face a lawsuit for leading a warrantless search of a litigant’s home in a divorce dispute, reports the National Law Journal. The court held that West Virginia judge Louise Goldston is not entitled to judicial immunity from claims she violated Matthew Gibson’s constitutional rights when she directed both parties during a divorce proceeding to meet at Gibson’s house to search for property his ex-wife claimed he still had. The three-judge appellate panel said Goldston lacks immunity because the search in which she participated was a non-judicial act, and she "clearly exceeded the most common understandings of the proper judicial role."