Opinion
Case No. 20060599-CA.
Filed January 5, 2007. (Not For Official Publication).
Appeal from the Third District, Salt Lake Department, 060906304 The Honorable Robert K. Hilder.
Neldon P. Johnson, Salem, Appellant Pro Se.
Brent M. Johnson, Salt Lake City, for Appellee.
Before Judges Greenwood, Davis, and Orme.
MEMORANDUM DECISION
Neldon P. Johnson appeals the dismissal of his claims against Fourth District Judge Claudia Laycock. We affirm.
Johnson filed a complaint against Judge Laycock, seeking to hold her liable for decisions she made during the course of Johnson's divorce action, case number 004401468, in Fourth District Court. The trial court dismissed the complaint, holding that Johnson did not and could not allege sufficient facts to support his claim against Judge Laycock.
A trial judge acting within the scope of her authority is not liable for or subject to suit for her decisions. See Christensen v. Ward, 916 F.2d 1462, 1473 (10th Cir. 1990) ("Judges are absolutely immune from suit on any claim based in the conduct of their office, including allegations that a decision is erroneous, malicious, or in excess of their judicial authority."). Johnson's complaint alleges no facts and Johnson has not otherwise demonstrated that Judge Laycock was acting in anything other than a judicial capacity. To the contrary, Judge Laycock was acting in her judicial capacity over a case within her jurisdiction and thus, is immune from suit. See id. Accordingly, the trial court correctly determined that judicial immunity applied to Judge Laycock's acts, and appropriately dismissed Johnson's complaint.
Affirmed.