Skip to main content

No. 25-1271October Term 2025Petition Pending

Docket 25-1271October Term 2025 (2025–2026)

Douglas Wain, et ux., Petitioners v. Kimberly Nell Bunnell, Chief Regional Judge, 22nd Judicial Circuit Division 9, Fayette County, Kentucky, et al.

The petition asks the Court to decide whether a state judge may be sued under federal civil-rights law after issuing a case-ending ruling against plaintiffs shortly after being served with their federal complaint against her.

Case status

Current stage
Petition Pending
Latest event
Petition pending
Decision timing
No decision timeline until the Court agrees to hear the case.
Petition PendingNot granted
ArgumentsNot scheduled
Decision ReleasedNot scheduled
What it's about

The petition asks the Court to decide whether a state judge may be sued under federal civil-rights law after issuing a case-ending ruling against plaintiffs shortly after being served with their federal complaint against her. The case concerns the conflict between judges’ usual immunity from damages suits for judicial acts and the due-process right to an impartial judge when the judge may have a personal interest in the matter.

Question presented

1. Whether absolute judicial immunity under 42 U.S.C. § 1983 bars a civil rights claim against a state court judge who issued a dispositive ruling against plaintiffs three days after being served at her judicial chambers with those same plaintiffs' federal civil rights complaint naming her as a defendant, where the ruling dismissed counterclaims that had been pending for nearly six years at a hearing noticed only for limited procedural matters? 2. Whether Williams v. Pennsylvania, 579 U.S. 1 (2016), and Caperton v. A.T. Massey Coal Co., 556 U.S. 868 (2009), which together establish that the Due Process Clause requires mandatory disqualification where a judge has a significant personal stake in a matter adverse to a litigant, create a constitutional limitation on the scope of absolute judicial immunity when the judge's “judicial act” is itself the source of the constitutional violation — specifically, the act of issuing a ruling while subject to a direct personal adversarial conflict with the parties before her? 3. Whether absolute judicial immunity extends to judicial acts taken after a judge has been served at her judicial chambers with a § 1983 civil rights complaint naming her as a defendant, where those acts directly and adversely affect the plaintiffs in that same § 1983 action, thereby creating the precise conflict of interest that Williams v. Pennsylvania and Caperton v. A.T. Massey Coal Co. held constitutionally intolerable?

Case path

United States Court of Appeals for the Sixth Circuit / Petition pending

Area

Civil Rights

Briefing

What it's about

Douglas Wain and others ask the Court to consider whether a state judge can be sued under federal civil-rights law after issuing a case-ending decision shortly after being served with a federal complaint against her. The dispute pits judges' usual protection from damages suits for judicial acts against the due-process right to an impartial judge.

Argument

The petition for certiorari (the Court's decision to hear a case) has been filed, and oral argument has not been scheduled.

Impact

The case could affect people who believe a judge acted while facing a personal conflict with them. It could also define when judges remain protected from damages claims arising from decisions made in court.

What is at stake in Wain v. Bunnell?

The case asks whether judicial immunity protects a judge accused of deciding a litigant's case while personally adverse to that litigant in federal court.

Who could be affected by the Wain v. Bunnell dispute?

Litigants alleging judicial conflicts and judges facing damages claims could be affected. The case concerns the boundary between impartiality protections and judicial immunity.

What happens next in Wain v. Bunnell?

The Court will decide whether to take up the petition. Oral argument has not yet been scheduled.

Grounding

Grounding
Primary materials plus reporting.
Note
Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
Checked
Sep 3, 2026
Primary materials5
Context reporting3