8th Circuit Rejects Immunity for Judge Who Jailed Two Kids Unlawfully
The 8th Circuit denied qualified immunity to a judge who unlawfully jailed two children in 2019.
Why it matters: This ruling limits judicial immunity and reinforces constitutional protections against unlawful detention, a key consideration for legal professionals overseeing judicial conduct and civil rights.
- The U.S. Court of Appeals for the Eighth Circuit issued its ruling on October 13, 2026.
- Missouri Judge Eric Eighmy ordered the detention of two minors during a 2019 custody hearing without probable cause.
- The court ruled the detention violated the Fourth Amendment and denied the judge's qualified immunity defense.
- The children received $5,000 each in damages, and the district court awarded $327,000 to cover attorney fees.
On October 13, 2026, the U.S. Court of Appeals for the Eighth Circuit decided against Missouri Judge Eric Eighmy, finding he violated the Fourth Amendment rights of two minors during a 2019 custody hearing. The judge had detained 14-year-old Kadan Rockett and his 12-year-old sister Brooklyn without probable cause after they refused to leave the courthouse with their mother.
The court ruled that holding the children separately in cells until they complied was unconstitutional. The opinion emphasized that a reasonable judge would have known this action violated clearly established law protecting against unlawful detention.
Judge David Stras authored the decision, stating the legal standards at issue were "clearly established enough to place the issue 'beyond debate.'" The court cited prior precedents to support its refusal to grant qualified immunity for the unlawful detention.
Dylan Moore, attorney with the Institute for Justice, told LegalTech Digest that "Every reasonable person knows that a judge can't detain children without probable cause." This ruling underscores the limits of judicial immunity, highlighting accountability for constitutional violations involving minors.
Each child was awarded $5,000 in damages, with the district court awarding approximately $327,000 for attorney fees. Legal professionals involved in judicial oversight and civil rights litigation should consider the implications for handling cases involving judicial authority and detention of minors.
By the numbers:
- $5,000 — damages awarded to each child
- $327,000 — attorney fees awarded by the district court
- October 13, 2026 — date of the Eighth Circuit ruling
Yes, but: While the ruling limits judicial immunity in this specific context, qualified immunity remains a complex and often debated doctrine with varying application across jurisdictions.
What's next: Further appeals are not noted; legal professionals should monitor for similar cases testing judicial immunity limits.