From Rockett v. Eighmy, decided today by Eighth Circuit Judge David Stras, joined by Judges Bobby Shepherd and Jane Kelly:

When Judge Eric Eighmy had courthouse officers lock two children in holding cells because they refused to leave with their mother following a custody hearing, he violated their clearly established Fourth Amendment rights….

Bart Rockett and Kami Ballard divorced in Missouri, but initially stayed together to give their two kids, who were "aspiring stars," a chance to "make it big" in Los Angeles.  The children found some success in the entertainment industry, including appearing on America's Got Talent, but their parents eventually split up.

Ballard filed a petition for sole custody that landed on Judge Eighmy's desk. During a hearing several months later, the children waited outside the courtroom while their parents tried to work it out. They agreed on primary custody for Ballard, with Rockett responsible for them at the beginning of each month and "during TV pilot season."

Once the hearing was over, however, neither child was willing to leave with her. With an argument unfolding in the lobby of the courthouse, Judge Eighmy walked over, introduced himself to the children, and told them to follow him to a conference room. Once there, he informed them that they had no choice but to leave with her. A youth counselor then reinforced the point by telling them that they "ha[d] to listen to the judge." The children would not budge, even after the judge mentioned that the other option was foster care.

Frustrated, Judge Eighmy had the children follow him again, this time to a waiting area in the courthouse's juvenile division. Once there, he told someone to "[k]eep an eye on" them to "make sure they [did not] go anywhere." After disappearing for a few minutes, he led them down a hallway to two holding cells. A second threat to place them in foster care made no difference, so he had a juvenile officer "lock them up." Before they entered the cells, the officer patted them down and ordered them to remove their socks and shoes. Judge Eighmy stood by as the officer locked the doors behind them.

With the children in their separate holding cells, Judge Eighmy took a seat in a nearby office. After what "felt like forever," the officer opened the cell doors for Judge Eighmy, who asked them one more time whether they would leave with their mother. This time, they both nodded yes, so he let them go. From start to finish, the time spent in the holding-cell area was between twenty and forty minutes.

Following these events, Rockett sued in federal district court for, among other things, a violation of the children's Fourth Amendment rights…. [T]he jury awarded the children $5,000 each on their Fourth Amendment claims. From there, the district court declined to reduce the verdict and added $326,637.22 in attorney fees….

The procedural posture is a bit complicated, but the court denied both judicial immunity (based on an earlier panel decision on the issue) and qualified immunity:

Judge Eighmy violated the Fourth Amendment only if he seized the children and did so unreasonably. Locking the children up after the custody hearing was both….

Not every seizure … violates the Fourth Amendment. To the contrary, "[ ]reasonable" ones, like lawful arrests supported by probable cause, do not. But here, Judge Eighmy did not have "probable cause to believe that [the children had] committed" an offense, much less one that justified placing them in a holding cell. Rather, their only misdeed was one every parent knows well: resisting authority. Even in the context of legal-custody proceedings, refusing to leave with a parent is not a jailable offense. Nor were there "exigent circumstances" arising out of danger to themselves or others.

We have no doubt that Judge Eighmy believed he was acting in "good faith," and possibly even in the children's best interests, by detaining them. But good faith in the Fourth Amendment context is about reasonable reliance, either on binding appellate precedent or a warrant issued by a "neutral magistrate." Neither was present here. No case allows a judge to detain children in a holding cell when they refuse to leave with a parent. And a custody plan is no substitute for a warrant. In short, rough justice does not trump the Constitution….

The law in this area was also "clearly established." "[I]t would have been sufficiently clear [to] every reasonable official," Judge Eighmy included, that locking up two children for refusing to follow directions violated the Fourth Amendment. As we put it over a decade and a half ago, long before the events in this case, "[i]t is clearly established that a warrantless arrest, unsupported by probable cause, violates the Fourth Amendment." …

A reasonable judge should have known better. As we said the first time around [i.e., the first time the case went up on appeal], criminal contempt was off the table because the children were neither parties to the custody case nor present inside the courtroom. Nor could the power to punish a party for violating an injunction have provided the justification, given that Judge Eighmy never issued one….

And here's an excerpt from the 2023 decision denying judicial immunity (a separate question from qualified immunity):

Judicial immunity has been around a long time. See Yates v. Lansing (N.Y. Sup. Ct. 1810) ("The doctrine which holds a judge exempt from a civil suit or indictment, for any act done, or omitted to be done by him, sitting as judge, has a deep root in the common law."), aff'd (N.Y. 1811). In England, it served to insulate common-law judges on the King's courts from their rivals on other courts.

One of the earliest known examples involved a judge who presided over a murder trial. After it ended, he was dragged into a rival court and charged with conspiracy for his role. The prosecution ended, however, when the court recognized that the judge was "immune from prosecution … for [his] judicial act[]." …

As broad as the rule seemed to be, two exceptions narrowed its scope. The first was that judges could still be prosecuted for out-of-court "conspirac[ies]." That is, like any other citizen, judges could be haled into court for any illegal acts they committed outside the courtroom. The second was that, when judges "exceeded their authority" by considering a matter "not within their jurisdiction," their actions were … "without jurisdiction." Acting without "power and authority" eliminated the shield of judicial immunity.

As judicial rivalries began to wane, including in the American colonies, the power-and-authority rationale for judicial immunity did too. The focus shifted to protecting judicial independence: allowing judges "to act upon [their] own convictions, without apprehension of personal consequences." See Pierson v. Ray (1967) (explaining that judges "should not have to fear that unsatisfied litigants may hound [them] with litigation charging malice or corruption").

Judicial immunity continues to apply today, not only in prosecutions …, but in civil-rights actions brought under 42 U.S.C. § 1983…. The exceptions remain largely the same too. Judicial immunity can be "overcome in only two sets of circumstances": (1) when a judge takes "nonjudicial actions"; and (2) when the action is judicial, but is done "in the complete absence of all jurisdiction." …

On one end of the spectrum [of judicial action to nonjudicial action], the classic example of a judicial act is "resolving disputes between parties who have invoked the jurisdiction of a court." Other related acts qualify too, like holding litigants "in contempt," and issuing "search warrant[s]."

But those acts also have their limits. There is no doubt, for example, that judges can "direct[] police officers to bring counsel in a pending case before the court," but they cannot order the officers to beat them with their nightsticks along the way. Nor can judges wake up one day and decide to spontaneously issue a search warrant against a nosy neighbor or a political rival.

Like these examples, Judge Eighmy's decision to personally escort the kids to jail took what would otherwise be a judicial act too far. Judges have the authority to order an officer or a bailiff to escort an unruly litigant to jail. They can also pull the parties into a conference room to discuss what just happened in court.

Judge Eighmy crossed the line, however, when he personally escorted the kids to jail, stood there while they removed their clothes and belongings, and personally came back an hour later to release them. For one thing, the children were not even present in the courtroom, so he could not hold them in contempt for "[d]isorderly, contemptuous or insolent behavior." For another, judges do not do double duty as jailers. So even assuming Judge Eighmy could have ordered someone else to take the kids to jail, he could not put them there himself.

It is no answer that Judge Eighmy believes he was exercising his contempt power. To be sure, absolute immunity is available for judges who hold a litigant in contempt even when they are "not in [their] … robes, … no[r] in the courtroom itself." But here, the children were never parties, they never stepped foot in the courtroom, and Judge Eighmy personally locked them up himself. We have been unable to find any case that extends judicial immunity so far.

Judge Eighmy fares no better with his other argument: that Missouri law allows judges to enforce child-welfare statutes informally. Without question, police officers can take children into custody if they are behaving in a way "injurious to [their] welfare or to the welfare of others." But not judges, who can only order others to "[t]ake charge of children before and after" a juvenile hearing. The point is that judicial immunity is unavailable because what Judge Eighmy did is not "a function normally performed by a judge." …

Thanks to James Creigh for the pointer.

The post No Immunity for Judge Who Locked Children in Holding Cells in Custody Case appeared first on Reason Magazine.

Tens of thousands of people took to the streets of Belgium from October 9-12, marching against the government’s austerity and militarization policies, as well as in solidarity with Palestine. 

Read more: Peter Mertens: “We have to restore people’s confidence in collective strength”

“Four mobilizations, one shared struggle: that of the Belgium of those at the bottom — who refuse to foot the bill for a system that benefits a tiny minority, and who refuse to remain complicit in an apartheid state,” wrote the Workers’ Party of Belgium (PTB-PVDA). “They thought they could impose their anti-social measures without resistance. They were wrong.” 

50,000-strong demonstration against austerity

The weekend began with a 50,000-strong demonstration against austerity in Brussels on October 9, building on months of resistance to budget cuts, anti-labor reforms, and threats to pension rights. Various blocs joined the protest, including the youth movement, who demonstrated against tuition hikes, education budget reductions, and attacks on services they depend on – notably public transport. 

“The government is desperately trying to balance its budget,” the General Labour Federation of Belgium (ABVV-FGTB) wrote in their protest call. “And to find the missing billions, it seems to have made a habit of always digging into the same pockets: ours. Yours.”

“If money is needed, the government should go get it where it actually is: from great fortunes, capital income, big corporations and their lucrative handouts.”

The Confederation of Christian Trade Unions (ACV-CSC) echoed concerns about the unfair distribution of the burden envisioned by the De Wever–Bouchez administration. “The budget must be balanced, but the distribution of the burden must also be fair,” the confederation’s leader Marie-Hélène Ska said. “The Prime Minister appeals to everyone’s sense of responsibility. It is time for him, too, to abandon dogmas and clichés and put forward an honest proposal.” 

“Twenty months into this government’s term, social resistance remains very much alive,” wrote PTB-PVDA President Raoul Hedebouw. “Many young people are also taking to the streets to protest austerity measures and stand up for their future.”

Protests reject complicity in genocide, inadequate climate policies

The following day, Palestine solidarity groups around the country joined the global day of action against genocide and occupation with local actions. Like other European governments, the De Wever–Bouchez administration has failed to take substantial steps to hold Israel accountable for crimes committed in the Gaza Strip since October 7, 2023, causing widespread anger at home. 

This failure has gone hand in hand with plans for massive investment in armament at the expense of public services and climate justice policies.

As a result, on Sunday, October 11, approximately 60,000 people – once again with strong participation from the youth – joined a climate march. 

The demonstration’s demands were heavily influenced by the memory of the past summer, when heat waves and wildfires ravaged parts of the country. Due to previous cuts to public services, firefighting forces responded to the crisis in inadequate numbers, with implications for their health and overall response capacity. 

“We need a genuine plan to tackle heatwaves, strengthened public and emergency services, and massive investment in public transport, home insulation, and renewable energy that is accessible to everyone,” PTB-PVDA said.

“The De Wever–Bouchez government wants to balance the budget by targeting our public services and imposing austerity,” Hedebouw wrote, drawing a direct link between the government’s cut drive and the state of essential services like firefighting. “But if we cut funding for public services, we will all pay the price. What will happen during the next fire if we have fewer firefighters and insufficient equipment?”

Wealth tax demands

The protests rolled out as the government is trying to balance the national budget. Yet the scale of the response indicates the chosen path will remain contested every step of the way. 

Another sign came on Monday, October 12, as trade unions in the public sector called for strikes and mobilizations to protect these services and the workers who make them run.

“The plans currently on the table are unacceptable to many people,” Hedebouw emphasized. “They see their purchasing power steadily eroding while fuel prices skyrocket. Yet at this very moment, De Wever is proposing a VAT hike, an attack on wage indexation, and further cuts to our healthcare system.”

Protesters insisted the government should design and implement policies that would enable adequate funding for labor rights, public services, and climate transformation – policies that begin with a millionaire tax as outlined by the country’s left.

Robeson County town of Rowland faces NC Local Government Commission takeover of finances as future hopes haven't been paying the bills.

Rowland’s song may be reaching last verse as NC takes over finances is a story from Carolina Public Press, an award-winning independent newsroom. Our breakthrough journalism shines a light on the critical overlooked and under-reported issues facing North Carolina’s more than 11 million residents. Please consider making a contribution to support our journalism.

European regional and local leaders have warned that the EU’s next long-term budget risks transferring control over investment programmes to national governments, potentially increasing economic disparities and reducing the ability of poorer regions to shape their own development.

The warning was delivered in Brussels on 12 October by Kata Tüttő, President of the European Committee of the Regions, during the opening of the European Week of Regions and Cities.

Her intervention comes as EU leaders prepare to negotiate the 2028–2034 budget, with disagreements over agricultural funding, regional development, defence, industrial competitiveness and the distribution of financial responsibilities among member states.

The Committee of the Regions warned that greater centralisation could concentrate economic opportunities in already prosperous areas while limiting other territories’ capacity to attract investment and develop essential infrastructure.

The concern goes beyond money allocated to regional development. It addresses who controls spending decisions and whether local authorities retain a meaningful role in determining how European funds are used.

Regional governments resist centralisation

EU cohesion policy has traditionally sought to reduce disparities between richer and poorer regions through investment in transport, infrastructure, education, business development and public services. While national governments administer considerable funds, regional and local authorities are frequently involved in identifying priorities and delivering projects.

The Committee argues that restructuring which concentrates decision-making at national level could weaken this arrangement. National governments may favour country-wide industrial or infrastructure programmes, while regional authorities identify specific problems arising from local conditions.

A national infrastructure strategy could prioritise major transport routes and industrial centres. Regional administrations might instead emphasise connecting smaller communities, maintaining local services or developing specialised economic activities.

The dispute concerns whether the next EU budget will maintain flexibility for regional priorities. In Belgium, Germany, Spain and Italy, regional institutions possess important responsibilities across economic development, education and infrastructure. Changes to EU spending governance could alter established relations between European, national and regional institutions.

The budget negotiations intensify the dispute

Ireland’s rotating Council presidency has proposed reducing the Commission’s original seven-year budget plans by approximately €141 billion while largely protecting agriculture and cohesion compared with other expenditure categories.

The proposed financial framework would nevertheless remain substantially larger than the current budget. The distribution of resources remains contentious, and an overall cut does not necessarily translate into the same reduction for every region.

Effects will depend on allocation formulas, national spending plans and programme governance. Meanwhile, European institutions face demands for stronger investment in defence production, digital infrastructure, competitiveness and support for Ukraine while maintaining agricultural and regional commitments.

Economic disparities remain a European problem

The Committee presented its seventh annual assessment of Europe’s regions and cities during the European Week of Regions and Cities, held in Brussels from 12 to 14 October.

The assessment examines competitiveness, resilience, public services, democratic governance and financial conditions. Regional disparities remain a significant feature of the EU economy despite decades of common investment programmes.

Large metropolitan areas often benefit from concentrations of universities, research institutions, advanced industries and capital. Less densely populated territories may struggle with demographic decline, shortages of skilled workers and the cost of maintaining infrastructure.

These differences can reinforce themselves over time. Businesses invest where suitable workers, transport networks and customers are already concentrated. Younger workers moving towards metropolitan economies may further reduce the economic prospects of communities they leave behind.

Defence spending creates new pressures

The increase in European defence expenditure introduces another dimension. Regions containing defence manufacturers, engineering firms, research institutions and military installations could benefit substantially from new spending, while others may receive little direct economic advantage.

If industrial investment concentrates in already advanced manufacturing centres, geographical disparities could widen. Conversely, procurement programmes and infrastructure investment could bring opportunities to weaker regional economies with suitable facilities and labour.

A question of political authority

The Committee of the Regions has limited formal authority over the EU’s long-term budget. National governments will negotiate the framework, and the European Parliament must consent to the final agreement.

Regional leaders are seeking to influence those negotiations before political compromises are established. Their central argument is that aggregate European economic growth alone does not capture the distribution of investment, employment and public services across the Union.

The approaching European Council negotiations will indicate whether governments intend to preserve regional influence over EU spending or concentrate greater authority over investment decisions at national level.