Henderson Duval Houghton v. Glenn Osborne, Frank Tuss, H. William Coder, Joel G. Roth and Gladys M. Vance

The novel question presented to us in this appeal is whether the district court had the jurisdiction to refer the merits of the plaintiff’s claim to a United States magis *747 trate under 28 U.S.C. § 636 (1982). Because we determine that the claims at issue in this case do not involve conditions of confinement, we reverse the judgment of the district court insofar as it purported to refer a claim that does not invoke a condition of confinement to a magistrate for an evidentiary hearing on the merits.

We must also decide whether judges are immune from liability for violations of 42 U.S.C. § 1983 (1982) for refusing a jail inmate’s request that he be allowed to appear in court for pretrial criminal proceedings in his own clothing. We affirm the district court decision on this issue and hold that judges are immune from liability under such circumstances.

I

Plaintiff-appellant Henderson D. Hough-ton (hereinafter Houghton) appeals from (1) the dismissal of his section 1983 action under Fed.R.Civ.P. 12(b)(6) against Montana Judges H. William Coder and Joel G. Roth; (2) the order of summary judgment in favor of Justice of the Peace Gladys M. Vance; and (3) the order of involuntary…

dissenting, in part:

At the risk of overconsidering this essentially frivolous case, I dissent from the partial reversal. Whether a prisoner in the county jail is required for security purposes or any other purposes that commend themselves to the sheriff to wear bright orange coveralls is indeed a condition of confinement, and we should say so and affirm. We ought to distinguish the Seventh Circuit case, if need be, and not present a conflict question to the Supreme Court.

I concur in those parts of the opinion which affirm.

834 F.2d 745 Henderson Duval HOUGHTON, Plaintiff-Appellant, v. Glenn OSBORNE, Frank Tuss, H. William Coder, Joel G. Roth and Gladys M. Vance, Defendants-Appellees. No. 85-4205. United States Court of Appeals, Ninth Circuit. Submitted Oct. 9, 1987. * Decided Dec. 14, 1987. Henderson Duval Houghton, pro se. Barbara L. Bosman-Moss, Asst. Atty. Gen., Helena, Mont., for defendants-appellees Coder and Roth. Nancy P. Cory, Ugrin, Alexander, Zadick & Slovak, Great Falls, Mont., for defendants-appellees Osborne, Tuss and Vance. Appeal from the United States District Court for the District of Montana (Great Falls). Before GOODWIN, ALARCON and LEAVY, Circuit Judges. ALARCON, Circuit Judge: 1 The novel question presented to us in this appeal is whether the district court had the jurisdiction to refer the merits of the plaintiff's claim to a United States magistrate under 28 U.S.C. Sec. 636 (1982). Because we determine that the claims at issue in this case do not involve conditions of confinement, we reverse the judgment of the district court insofar as it purported to refer a claim that does not invoke a condition of confinement to a magistrate for an evidentiary hearing on the merits. 2…