FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT September 12, 2018
_________________________________
Elisabeth A. Shumaker
Clerk of Court
HENRY LEE RUDOLPH,
Plaintiff - Appellant,
v.
No. 17-4168
TIMOTHY HANSON; KAREN STAM; (D.C. No. 2:14-CV-00883-CW)
CHARLES BEHRENS; BARBARA (D. Utah)
BYRNE; KATHERINE BERNARDS
GOODMAN; ERIN RILEY; MICHAEL
SIBBETT; KEITH HAMILTON; JESSE
GALLEGOS; CURTIS GARNER; ALEX
HUGGARD,
Defendants - Appellees.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before BRISCOE, HARTZ, and BACHARACH, Circuit Judges.
_________________________________
Plaintiff Henry Rudolph appeals from the dismissal by the United States
District Court for the District of Utah of his suit under 42 U.S.C. § 1983 alleging
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of this
appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered
submitted without oral argument. This order and judgment is not binding precedent,
except under the doctrines of law of the case, res judicata, and collateral estoppel. It may
be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and
10th Cir. R. 32.1.
violations of his rights under the First, Fifth, Sixth, Eighth, Thirteenth, and Fourteenth
Amendments. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.
Plaintiff’s claims arise out of his prosecution and conviction for aggravated
burglary and violation of a protective order. His first trial was in August 1994, and he
was eventually convicted in 1996. He unsuccessfully pursued postconviction relief in
state and federal court, with his last claim dismissed by this court in 2009. He was
paroled by the Utah Board of Pardons and Parole in 2014. This suit was filed on
December 2, 2014.
The district court dismissed defendant Timothy Hanson on the ground that
judges are entitled to absolute judicial immunity. See Stein v. Disciplinary Bd. of
Supreme Court of NM, 520 F.3d 1183, 1195 (10th Cir. 2008). It dismissed defendant
Karen Stam on the ground that public defenders do not act under color of state law
when representing clients. See Polk County v. Dodson, 454 U.S. 312, 325 (1981). It
dismissed defendants Charles Behrens, Barbara Byrne, and Catherine Bernards
Goodman on the ground that prosecutors enjoy absolute prosecutorial immunity. See
Imbler v. Pachtman, 424 U.S. 409, 424 (1976). It dismissed the claims against
witness Alex Huggard based on his testimony at Plaintiff’s trials on the ground that
the claims were barred by Utah’s four-year residual statute of limitations. See Fratus
v. Deland, 49 F.3d 673, 675 (10th Cir. 1995). It dismissed the claims against Michael
Sibbett, Keith Hamilton, Jesse Gallegos, and Curtis Garner, because they were
entitled to absolute immunity for their actions as members of the Utah Board of
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Pardons and Parole. See Knoll v. Webster, 838 F.2d 450, 451 (10th Cir. 1988). And it
dismissed defendant Erin Riley, who acted as the state’s attorney in Plaintiff’s
postconviction actions, on the ground that she enjoyed absolute immunity for her
actions. See Robinson v. Volkswagenwerk AG, 940 F.2d 1369, 1373 (10th Cir. 1991)
(noting absolute immunity has been extended to government lawyers acting as
advocates in civil proceedings); Ellibee v. Fox, 244 Fed. Appx. 839, 844 (10th Cir.
2007) (rejecting claim that government attorney “is not entitled to absolute
prosecutorial immunity when he is acting as defense counsel for the state in a civil
habeas action”). Although defendants Hanson, Byrne, Sibbett, and Hamilton had not
yet been served, the district court exercised “its screening authority to dismiss these
defendants.” R., Vol. I at 438.
The district court’s decision is soundly based on legal precedent and principles,
and Plaintiff’s brief on appeal offers no authority or argument that calls the decision
into question. Therefore, we AFFIRM the judgment below.
Entered for the Court
Harris L Hartz
Circuit Judge
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