Judicial immunity prevents Maggio suit, judge rules

Judicial immunity prohibits a lawsuit against ousted Judge Michael Maggio over his handling of a negligence suit involving the death of a nursing-home patient, a judge ruled Friday.
Judicial immunity prohibits a lawsuit against ousted Judge Michael Maggio over his handling of a negligence suit involving the death of a nursing-home patient, a judge ruled Friday.

CONWAY — A judge ruled Friday that judicial immunity prohibits a lawsuit against ousted Judge Michael Maggio over his handling of a negligence suit involving the death of a nursing-home patient.

Special Judge David Laser dismissed the case against Maggio. Laser did not rule on the lawsuit's merits as they relate to the other defendants— nursing-home owner Michael Morton of Fort Smith and lobbyist Gilbert Baker of Conway.

None of the defendants was present for the hearing in Faulkner County Circuit Court.

Laser said judicial immunity, provided for under common law, applies only to judicial functions and to civil cases, not to criminal matters. Maggio has pleaded guilty to bribery in federal court in Little Rock and awaits sentencing.

Read Saturday's Arkansas Democrat-Gazette for full details.

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