Donna Crooks Brenda Holmes v. John H. Maynard, District Judge

This case is now before this panel for the third and final time. The litigants and procedural posture in this matter are as follows. The Honorable John H. Maynard was a District Judge for the Second District of the State of Idaho where he also served as Administrative District Judge. The appellants, Donna Crooks and Brenda Holmes, brought 42 U.S.C. § 1983 actions against Judge Maynard. Appellants claimed that Judge Maynard denied their constitutional right to procedural due process by jailing them pursuant to a contempt order. The district court granted Judge Maynard’s motion for summary judgment and dismissed all claims on the basis of absolute judicial immunity. On appeal, we affirmed the district court’s order. Crooks v. Maynard, 820 F.2d 329 (9th Cir.1987).

The Supreme Court granted certiorari, vacated our judgment, and remanded the case to us for “further consideration in light of Forrester v. White, 484 U.S. 219 , 108 S.Ct. 538 , 98 L.Ed.2d 555 (1988).” Crooks v. Maynard, 484 U.S. 1022 , 108 S.Ct. 744 , 98 L.Ed.2d 757 (1988). We then remanded the case back to the district court. Crooks v. Maynard, 851 F.2d 1562 (9th Cir.1988). The district court held that both absolute and…