No. 21-3903 ___________________________

D. Bart Rockett, as next friend of his minor children, K.R. and B.R.

Plaintiff - Appellee

v.

The Honorable Eric Eighmy

Defendant - Appellant

------------------------------ National Police Accountability Project; Institute for Justice; National Association of Counsel for Children

Amici on Behalf of Appellee(s) ____________

Appeal from United States District Court for the Western District of Missouri - Springfield ____________

Submitted: February 16, 2023 Filed: June 22, 2023 ____________ Before SMITH, Chief Judge, STRAS and KOBES, Circuit Judges. ____________ STRAS, Circuit Judge. Bart Rockett sued a Missouri judge for putting his kids in jail twice, once after a custody hearing and again after ordering law enforcement to pick them up in Louisiana. At this early stage, the only question before us is whether judicial immunity shields these acts. The district court said no. We affirm in part and reverse in part.

I.

Rockett and Kami Ballard divorced each other in Missouri and initially shared custody of their two children. Despite their differences, the whole family packed their bags and moved to California, where they were hoping that the children, who were aspiring stars, would make it big.

The parents’ relationship remained rocky, even after the move. Ballard, in particular, did not like sharing custody. Nor did she like how slowly the California courts were dealing with her request for sole custody. So she filed a second one in Missouri, where it landed on the desk of Judge Eric Eighmy.

Judge Eighmy wanted to see the family in person before he ruled. When they arrived at the courthouse, the children waited in the lobby while Ballard and Rockett, along with their attorneys, worked out an agreement. It called for the children to stay with Ballard for about a month before returning to live with Rockett.

The children did not want to live with Ballard, even for a short time, so they let her hear about it in the lobby. Judge Eighmy, by this time unrobed, saw what was happening and tried to intervene. But when the children refused to back down, he took them to a conference room. Once there, he told them they needed to leave Hollywood, or else they would not grow up “normal.” When the children continued to protest, Judge Eighmy decided to put them in jail to show “what [he] can do.”

He took them there himself. They were ordered to remove their shoes, socks, jackets, and jewelry before entering separate cells. After approximately an hour, -2- Judge Eighmy returned and asked if they were “ready to listen” and “comply.” They finally agreed to go with Ballard, but only after he threatened to place them in foster care. This would not be the last time they saw the inside of a jail cell.

Several months later, Ballard filed a contempt motion that prompted Judge Eighmy to schedule another hearing. This time, neither Rockett nor the children, who were by then living in Louisiana, showed up. Their absence did not sit well with Judge Eighmy, who issued a writ of bodily attachment for Rockett and a pick-up order for the children. In executing it, Louisiana officers came to their door, gave the children Miranda warnings, and placed them both in solitary confinement in a juvenile-detention center.

These orders set off a flurry of activity. First, the Missouri Supreme Co