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Judge Hannah Dugan, who is accused of helping a criminal alien evade justice, won’t be able to hide behind her black robes to escape accountability under the law.
Milwaukee County Circuit Judge Dugan’s motion to dismiss charges based on “judicial immunity” was rejected by a federal judge.
U.S. District Judge Lynn Adelman ruled that Dugan is not entitled to judicial immunity and found that the actions she is accused of fall outside the protection normally afforded to judges acting in their official capacity.
“Ultimately, as the Supreme Court has stated, ‘the official seeking absolute immunity bears the burden of showing that such immunity is justified for the function in question,’” Adelman wrote in the ruling. “I cannot say as a matter of law that the defendant’s alleged conduct falls within even this more limited version of immunity.”
Dugan was indicted in April following an incident on April 18 at the Milwaukee County Courthouse. Prosecutors allege that Dugan became aware of plainclothes Immigration and Customs Enforcement (ICE) agents waiting in the courthouse to detain a defendant in her courtroom, Eduardo Flores-Ruiz, a foreigner facing three misdemeanor battery charges.
According to the indictment and surveillance footage reviewed by authorities, Dugan confronted the agents in a courthouse hallway, advised them they needed a judicial warrant to make the arrest, and directed them to the chief judge’s office.
Prosecutors say she then conducted the matter off the record instead of holding a scheduled hearing and allowed Flores-Ruiz and his attorney to exit the courtroom through a rear entrance, allegedly to avoid ICE detection.
Despite these efforts, Flores-Ruiz was arrested by ICE agents later that day.
