Konate v. Thurston

Filing 7

MEMORANDUM OPINION & ORDER:1. Plaintiff's Complaint 1 is DISMISSED with prejudice;2. This matter is STRICKEN from the docket. Signed by Judge Karen K. Caldwell on 7/15/2024.(KCF)cc: CORand Mahamadou Konate by US Mail

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
MAHAMADOU KONATE,
Plaintiff,

Civil Action No. 5: 24-187-KKC

v.
JUDGE HON. LINDSAY THURSTON,

MEMORANDUM OPINION
AND ORDER

Defendant.

*** *** *** ***
In the early morning hours of December 24, 2023, plaintiff Mahamadou Konate
was arrested and charged with driving under the influence of alcohol (“DUI”) and
various traffic offenses. In February 2024, Konate pleaded guilty to improperly turning
his vehicle while the DUI and other charges were dismissed.1 Three months later,
Konate filed suit in this Court against the public defender who represented him, the
University of Kentucky (“UK”) police officer who arrested him, and UK itself. In that
matter the undersigned has dismissed the claims against all but the arresting officer,
and the case still pends. See Konate v. Vander Laan, No. 5: 24-CV-154-KKC (E.D. Ky.
2024).
In this separate proceeding, Konate now sues the Honorable Lindsay Thurston,
Judge for the District Court of Fayette County, Kentucky, who presided over the
criminal prosecution against him. See [R. 1] Konate explains that “[t]his complaint
arises from the judge’s actions during the legal proceedings following Plaintiff’s
The current docket for this case, Commonwealth v. Konate, No. 23-T-18276 (Fayette
Dist.
Ct.
2023),
can
be
reviewed
online
at
https://kcoj.kycourts.net/CourtNet/Search/CaseAtAGlance?county=034&court=1&division=DI
&caseNumber=23-T-18276&caseTypeCode=TR&client_id=0 (accessed July 13, 2024).
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wrongful arrest ...” Id. at 1. More specifically, Konate alleges that during various court
hearings Judge Thurston: would not let him speak; allowed his public defender to coerce
him into pleading guilty to a minor traffic offense in exchange for the dismissal of the
DUI charge; did not afford him adequate time to retain a private defense attorney while
“fully aware that Plaintiff had lost his job due to the arrest and could not afford private
counsel”; and exhibited partiality towards the prosecution with respect to the DUI
charge that was ultimately dismissed. [R. 1 at 1-3]. Konate asserts pursuant to 42
U.S.C. § 1983 that Judge Thurston violated various of his constitutional rights through
his actions during court proceedings. [R. 1 at 3-7] Konate seeks damages, reversal of his
conviction, and ancillary relief. Id. at 8-9.
The Court will dismiss this action with prejudice because the claims asserted
against Judge Thurston are barred by absolute judicial immunity. “Federal common law
has long afforded judges absolute immunity from suits for money damages arising out of
actions taken in a judge’s official judicial capacity. Originating in the Middle Ages, this
body of law developed as a means to discourage collateral attacks on judicial decisions
and to protect judges from vexatious litigation.” Hughes v. Duncan, 93 F.4th 374, 378
(6th Cir. 2024) (citing Forrester v. White, 484 U.S. 219, 225 (1988)). Judicial immunity
extends even to judicial acts allegedly performed maliciously, corruptly, in bad faith, or
in error. Brookings v. Clunk, 389 F.3d 614, 617 (6th Cir. 2004).
Konate affirmatively asserts that all of his claims are based upon the actions of
Judge Thurston in the course of performing his duties as the judge presiding over his
criminal case. And all of the actions described were unquestionably judicial in nature.
Judicial immunity therefore applies. Stump v. Sparkman, 435 U.S. 349, 355 (1978);
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Stern v. Mascio, 262 F.3d 600, 606 (6th Cir. 2001) (“‘[J]udges of courts of superior or
general jurisdiction are not liable to civil actions for their judicial acts, even when such
acts are in excess of their jurisdiction.’”).
Accordingly, it is ORDERED as follows:
1.

Plaintiff Mahamadou Konate’s complaint [R. 1] is DISMISSED with

prejudice.
2.

This matter is STRICKEN from the docket.

Entered: July 15, 2024.

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