Kenneth O. Ashelman v. Hon. Gary Pope, Judge Division I, Mohave County Superior Court Mohave County Attorney's Office

Kenneth O. Ashelman appeals the dismissal of his civil rights action against a state judge and county prosecutor. The question presented is whether a judge and prosecutor are immune from damages in a civil rights action charging them with conspiracy to predetermine the outcome of judicial proceedings. We conclude that the judge and prosecutor are immune. We affirm the district court’s dismissal of the action.

FACTS AND PRIOR PROCEEDINGS

Ashelman is a prisoner in custody of the Arizona Department of Corrections. While awaiting trial on criminal charges, Ashel-man filed a pro se civil rights action against the state court judge and the County Attorney’s Office. The complaint alleges the judge and prosecutor conspired to deprive Ashelman of (1) effective assistance of counsel; (2) access to a law library; (3) services of an investigator; (4) subpoenas for witnesses; and (5) supplies necessary for the preparation of his legal defense. Ashelman sought injunctive and declaratory relief.

After defendants answered, Ashelman filed a document entitled “Supplemental Pleadings” which further developed his conspiracy allegations, added as a defendant the prosecuting deputy county attorney,…