By: Daily Record Staff//April 9, 2013
By: Daily Record Staff//April 9, 2013//
U.S. District Court, WDNY
Wik v. Kunego
Background: The plaintiff commenced an action against a town justice alleging that the defendant failed to provide him with certain documents pertaining to a prosecution against him. The underlying prosecution involved a number of traffic infractions, as well as a misdemeanor charge for aggravated unlicensed operation. The defendant moved to dismiss.
Ruling: The District Court granted the motion and dismissed the complaint. The court found that the alleged misconduct of the town justice fell within his duties as a town court justice entitling him to absolute judicial immunity.
Daniel J. Wik, pro se; Robert H. Flynn of Lippman O’Connor for the defendant