Page:Martinez v Gonzales,pdf.pdf/2

 I. BACKGROUND

Appellants Marcelina Martinez and her husband, Gilbert Romero, attempted toconstruct a garage on their property without the necessary building permits. Theirefforts culminated in state court judge Sandra K. Miera’s issuing a bench warrant forMs. Martinez’s arrest; sheriff deputies Edward G. Webb and Brian Nissen’su nsuccessfully attempting to execute the warrant; and New Mexico State PoliceOfficer Ernest Garcia’s finally arresting Ms. Martinez—and in the process Mr. Romero as well.

Ms. Martinez and Mr. Romero subsequently brought this pro se action,alleging multiple claims and naming the individuals listed above and a host of other defendants (including a tow-truck company) who had been involved in the building-permit dispute and the resulting criminal proceedings. The other defendants were dismissed or granted summary judgment and are not implicated in this appeal. As for Judge Miera and the officers identified above, the district court issued multiple separate orders granting them summary judgment on the basis of absolute or qualified immunity.

Specifically, the district court determined that Judge Miera was entitled to absolute judicial immunity for her role in issuing a bench warrant for Ms. Martinez’s arrest and presiding over her criminal proceedings after she failed to appear for her arraignment. See Stump v. Sparkman, 435 U.S. 349, 355-56 (1978) ("[J]udges of courts of superior or general jurisdiction are not liable to civil actions for their 2