Ima Reckless got into a car accident after she left the corner bar intoxicated. Vicki Victim lost her life in the car accident. At sentencing, the Judge gave Ima probation. In celebration and relief for not having to go to jail, Ima got drunk and got into another accident. This time, she hit a pedestrian who was killed. Because Ima had no money or insurance, the wife of the pedestrian brought a wrongful death lawsuit against the Judge claiming that the judge negligently failed to render a proper judgment thereby allowing Ima to avoid jail. She alleges that had the judge done his job, Ima would have been in prison and unable to drink, drive and kill again. Discuss whether 42 USC 1983 applies to this lawsuit and discuss the defense the Judge will use in seeking dismissal of the lawsuit
Ima Reckless got into a car accident after she left the corner bar intoxicated. Vicki Victim lost her life in
the car accident. At sentencing, the Judge gave Ima probation. In celebration and relief for not having to go to jail, Ima got drunk and got into another accident. This time, she hit a pedestrian who was killed. Because Ima had no money or insurance, the wife of the pedestrian brought a wrongful death lawsuit against the Judge claiming that the judge negligently failed to render a proper judgment thereby allowing Ima to avoid jail. She alleges that had the judge done his job, Ima would have been in prison and unable to drink, drive and kill again. Discuss whether 42 USC 1983 applies to this lawsuit and discuss the defense the Judge will use in seeking dismissal of the lawsuit
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