Did Detroit judge have immunity when he had teen cuffed for sleeping in courtroom?

Detroit judge files motion to dismiss suit against him

The Detroit judge under fire after detaining a girl who fell asleep in his class during a field trip has filed a motion to dismiss the lawsuit against him.

DETROIT (FOX 2) - A motion has been filed to dismiss the case against a Detroit judge who has since come under fire for detaining a teenager who had fallen asleep in his courtroom during a field trip.

Judge Kenneth King claims he was acting in his official capacity when he hosted a mock trial as a sort of scared straight program following multiple instances of the teenager sleeping in the officer's courtroom in the 36th District Court in August.

The girl's mother has since claimed the family's housing instability had led to many sleepless nights for her daughter, which is why she was tired. During an August press conference with the Feiger law firm, Latoreya Till said her daughter had suffered immensely since the incident.

According to Gary Felty, the case comes down to "did the judge wrongfully arrest and detain this girl."

The 15-year-old was detained for two hours and forced to change into jail clothes. She was also handcuffed. Her mom said it left her daughter devastated.

The judge has since gone through a training program and has been reassigned to traffic court. But the daughter and her mom are suing King, arguing unlawful arrest and invasion of privacy.

But the defense argues the case should be dismissed because King was acting within his official capacity as a judicial officer and therefore has immunity.

"He’s in his courtroom. He took action. Regardless of what people think about the action he took, he took action under the color and authority of being a judge." said Todd Perkins. "So if that’s the case, we believe that he should be covered with immunity and this matter should not go forward as is plead by the plaintiff in this case."

But Felty doesn't see it that way.

The incident took place during a mock trial. There were actual court proceedings seen on the field trip, but the incident didn't happen during a real court case. Felty also said the judge had taken off his robe and given it to a student.

"This is a presentation where the judge was walking around the courtroom,"he said. "he asked students if anybody wanted to be a judge, and he took off his robe, put it on a young man at the bench who sat through the entire lecture as if he were the judge of the proceedings."

A federal judge will decide if judicial immunity applies.

King's attorney says he has two weeks to respond to the latest suit. A hearing is scheduled for January.