PUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-1757

MATTHEW GIBSON,

Plaintiff – Appellee,

v.

LOUISE E. GOLDSTON, individually,

Defendant – Appellant,

and

COUNTY COMMISSION OF RALEIGH COUNTY, a political subdivision; JEFF MCPEAKE, individually; BOBBY STUMP, individually; BRIAN WHITE, individually,

Defendants.

Appeal from the United States District Court for the Southern District of West Virginia, at Beckley. Frank W. Volk, District Judge. (5:21-cv-00181)

Argued: September 20, 2023 Decided: October 30, 2023

Before WILKINSON and GREGORY, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Gregory and Senior Judge Motz joined. USCA4 Appeal: 22-1757 Doc: 44 Filed: 10/30/2023 Pg: 2 of 15

ARGUED: Jennifer E. Tully, BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellant. Patrick M. Jaicomo, INSTITUTE FOR JUSTICE, Arlington, Virginia, for Appellee. ON BRIEF: John P. Fuller, Adam K. Strider, BAILEY & WYANT, PLLC, Charleston, West Virginia, for Appellant. Victoria Clark, Austin, Texas, Anya Bidwell, INSTITUTE FOR JUSTICE, Arlington, Virginia; John Bryan, JOHN H. BRYAN, ATTORNEY AT LAW, Union, West Virginia, for Appellee.

2 USCA4 Appeal: 22-1757 Doc: 44 Filed: 10/30/2023 Pg: 3 of 15

WILKINSON, Circuit Judge:

We consider in this appeal whether a judge who participates in the search of a

litigant’s home is entitled to judicial immunity for actions related to the search. Judge

Louise Goldston went to Matthew Gibson’s residence to look for items he had failed to

turn over to his ex-wife after their divorce. She entered his home over his objections after

threatening him with arrest should he try to stop her. She then supervised the seizure of

designated items in the house. The only question before us is whether judicial immunity

shields these acts. We hold it does not. Judicial immunity protects only judicial acts. It does

not shield the conduct of judges who step outside their judicial role, as Judge Goldston did

when searching Gibson’s home.

I.

A.

The search in this case occurred in the aftermath of Gibson’s divorce from his ex-

wife. The divorce decree was granted by Judge Goldston. As part of those proceedings,

Judge Goldston approved a property-distribution settlement that listed various items

Gibson agreed to turn over to his ex-wife, including sentimental items like family

photographs and recipes. More than a year later, Gibson’s ex-wife returned to Judge

Goldston’s chambers with a Petition for Contempt, complaining that Gibson had failed to

turn over some of the promised items and had damaged others before returning them.

On March 4, 2020, the parties gathered before Judge Goldston in her West Virginia

courtroom for a hearing on the petition. Gibson’s ex-wife was represented by counsel;

Gibson appeared pro se. The ex-wife was asked to testify about her grievances. In the

3 USCA4 Appeal: 22-1757 Doc: 44 Filed: 10/30/2023 Pg: 4 of 15

middle of her testimony, Judge Goldston interrupted to ask Gibson for his address, which

he gave her. She then recessed the hearin

Click Here to Read the rest of this document