United States v. County of Lauderdale, et al.

(5th Cir.) – Appellant

• Appellees conflate the question of whose conduct may comprise a pattern or practice under 34 U.S.C. 12601 with who may be sued for that pattern or practice
• The judges are being sued in their official capacities as the officials responsible for administering the Lauderdale county youth court, not in their adjudicative roles
• Applying Title VII’s co-employment doctrine in Section 12601 litigation could result in unnecessary complexity and nationwide inconsistency
• Section 12601 of Title 34 applies to state-court judges responsible for the administration of juvenile justice
• The youth court judges are not absolutely immune from this action
• This court should reinstate the claims against Lauderdale County

Court of Appeals Decision, reported at 914 F.3d 960