At page 476 Extending absolute immunity to nonjudicial officials54 citing cases“lightning rod for harassing litigation' aimed at the court.”
- Segui v. Stromfors, No. 2:24-cv-01171 (D. Ariz. June 27, 2025).Docs. 71 at 8, 72 at 8 (citing 27 Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir. 1980); Acevedo v. Pima Cnty.
- Sheets v. Charlotte Cnty., No. 2:24-cv-00958 (M.D. Fla. June 10, 2025).Quasi- judicial immunity, a derivative of judicial immunity, is also absolute and applies to nonjudicial officials acting within the scope of their authority “when their official duties ‘have an integral relationship with the judicial proc…
- Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics, No. 2 CA-SA 2023-0091 (Ariz. Ct. App. Mar. 28, 2024).published(the applicability of judicial immunity to officers serving the judiciary is limited to those situations where the underlying policy of judicial immunity is served: principled and fearless decision-making by that officer)
- Gabriel Garibay v. Hon. Kellie Johnson William Fox, Az Constable Ethics, 545 P.3d 468 (Ariz. Ct. App. 2024).published(the applicability of judicial immunity to officers serving the judiciary is limited to those situations where the underlying policy of judicial immunity is served: principled and fearless decision-making by that officer)
- Gaddis v. DeMattei, No. 3:21-cv-00179 (S.D. Ill. Mar. 7, 2022).The extension of immunity is justified “because, just as judges should not be subjected to lawsuits from disappointed litigants, neither should someone who acts as a judicial agent become a “lightning rod for harassing litigation.” Schneid…
- McNease v. Laldee, No. 1:19-cv-07280, 2021 WL 1057295 (N.D. Ill. Mar. 18, 2021).The Seventh Circuit has occasionally extended quasi-judicial immunity to certain “subordinate” officials when “functions that are more administrative in character have been undertaken pursuant to the explicit direction of a judicial office…
- Douglas v. Sayfie, No. 1:20-cv-21264 (S.D. Fla. Apr. 30, 2020).As observed by the Eleventh Circuit, “[n]onjudicial officials are encompassed by a judge’s absolute immunity when their official duties ‘have an integral relationship with the judicial process.’” Roland v. Phillips, 19 F.3d 552, 555 (11th…
- Elizabeth B. Poling Vs. Bny Mellon Wealth Mgmt. Albert C. Barclay, Jr. Vs. Albert C. Barclay, Jr. (c-000041-15, C-000209-95, C-000146-96, & L-1562-96, Mercer Cnty. & Statewide)(Consol.), No. A-1502-15T1/A-3507-15T2 (N.J. Super. Ct. App. Div. Oct. 29, 2018).unpublishedTrocki Plastic Surgery Ctr. v. Bartkowski, 344 19 Based on intervening United States Supreme Court precedent, the court in Coleman limited the holding in Ashbrook v. Hoffman, 617 F.2d 474, 476-77 (7th Cir. 1980), wherein the court had held…
- Ray v. Jud. Corr. Servs., Inc., 270 F. Supp. 3d 1262 (N.D. Ala. 2017).publishedUnder this immunity doctrine, “[n]onjudicial officials are encompassed by a judge’s absolute immunity when their official duties ‘have an integral relationship with the judicial process.’” Id. (quoting Ashbrook v. Hoffman, 617 F.2d 474, 47…
- Strawser v. Strange, 100 F. Supp. 3d 1276 (S.D. Ala. 2015).publishedThe Roland court stated that “[n]onjudicial officials are encompassed by a judge’s absolute immunity when their official duties ‘have an integral relationship with the judicial process.’ ” Id. at 555 (quoting Ashbrook v. Hoffman, 617 F.2d…
Show 32 more citing cases
- Embassy Realty Inv., LLC v. City of Cleveland, 877 F. Supp. 2d 564 (N.D. Ohio 2012).publishedThe rationale behind the doctrine of absolute judicial immunity is to allow a judicial officer to be “free from harassment of private litigation when conducting his official business.” Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980).
- Daniel Blanchard v. Jim Overton, 449 F. App'x 862 (11th Cir. 2011).unpublishedWhile non-judicial officers are entitled to “absolute immunity when their official duties ‘have an integral relationship with the judicial process,’ ” Roland v. Phillips, 19 F.3d 552, 555 (11th Cir.1994) (quoting Ashbrook v. Hoffman, 617 F…
- Stoddard v. Carlin, 799 F. Supp. 2d 57 (D.D.C. 2011).published(quasi-judicial absolute immunity was proper for court-appointed commissioners charged with partitioning property in the wake of a divorce)
- B. Michael Schneider v. Will Cnty., Illinois, 366 F. App'x 683 (7th Cir. 2010).unpublished(extending quasi-judicial immunity to court administrator who released information at judge’s order)
- Miller, John v. Asbach, David, 234 F. App'x 413 (7th Cir. 2007).unpublishedCt. for the Dist. of Nev., 828 F.2d 1385, 1390-91 (9th Cir.1987); Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980).
- Richman, Marcella v. Sheahan, Michael, 270 F.3d 430 (7th Cir. 2001).published The policy justifying an extension of absolute immunity in these circumstances is to prevent court personnel and other officials from becoming a “ ‘lightning rod for harassing litigation’ aimed at the court.” See Ashbrook v. Hoffman, 617 F…
- Marcella Richman, Individually & as Special Adm'r of the Est. of Jack B. Richman, Deceased v. Michael Sheahan, in His Off. Capacity as Sheriff of Cook Cnty., 270 F.3d 430 (7th Cir. 2001).publishedThe policy justifying an extension of absolute immunity in these circumstances is to prevent court personnel and other officials from becoming a "'lightning rod for harassing litigation' aimed at the court." See Ashbrook v. Hoffman, 617 F.…
- Cortez v. Close, 101 F. Supp. 2d 1013 (N.D. Ill. 2000).publishedHenry v. Farmer City State Bank, 808 F.2d 1228, 1238 (7th Cir.1986) (those performing ministerial acts under a judge’s supervision and intimately related to judicial proceedings have quasi-judicial immunity); Dellenbach v. Letsinger, 889 F…
- H.B. v. State of Indiana-Elkhart Div. of Fam. & Child., 713 N.E.2d 300 (Ind. Ct. App. 1999).publishedJ.A.W., 650 N.E.2d at 1151 (citing Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980)).
- Berndt Ex Rel. Peterson v. Molepske, 565 N.W.2d 549 (Wis. Ct. App. 1997).publishedSimilarly, quasi-judicial absolute immunity extends to nonjudicial officers when they are performing acts "intimately related to the judicial process." Id. at 497-48 , 466 N.W.2d at 651 (quoting Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th…
- Adams v. State, 916 P.2d 1156 (Ariz. Ct. App. 1995).publishedThe court noted that “immunity is granted to those who perform functions ‘intimately related to,’ ... or which amount to ‘an integral part of the judicial process.’ ” Id. at 321 , 690 P.2d at 40 , quoting Ashbrook v. Hoffman, 617 F.2d 474,…
- Brown v. Costello, 905 F. Supp. 65 (N.D.N.Y. 1995).publishedLikewise, “[njonjudicial officials are encompassed by a judge’s absolute immunity when their official duties ‘have an integral relationship with the judicial process.’ Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980).
- J.A.W. v. State, 650 N.E.2d 1142 (Ind. Ct. App. 1995).publishedId.; Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980). "[A] nonjudicial officer who is delegated judicial duties in aid of the court should not be a 'lightning rod for harassing ltigation' aimed at the court." Ashbrook, 617 F.2d at 47…
- JAW v. State, 650 N.E.2d 1142 (Ind. Ct. App. 1995).publishedId.; Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980). "[A] nonjudicial officer who is delegated judicial duties in aid of the court should not be a `lightning rod for harassing litigation' aimed at the court." Ashbrook, 617 F.2d at 4…
- Shelton v. Wallace, 886 F. Supp. 1365 (S.D. Ohio 1995).published Only when a judge adjudicates in clear and absolute absence of his judicial jurisdiction does the doctrine of judicial immunity not apply. 3 See Bush v. Rauch, 38 F.3d 842, 847 (6th Cir.1994) (judges are entitled to absolute judicial immun…
- Geneva Roland v. E.W. Phillips David Benjamin Lin Harrell, 19 F.3d 552 (11th Cir. 1994).publishedNonjudicial officials are encompassed by a judge’s absolute immunity when their official duties “have an integral relationship with the judicial process.” Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980).
- Tucker v. Woolery, 637 A.2d 482 (Md. Ct. Spec. App. 1994).publishedId. at 476-77 (citations omitted).
- Church of Scientology Int'l v. Kolts, 846 F. Supp. 873 (C.D. Cal. 1994).published See e.g., Imbler v. Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976); Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980).
- Michael Sindram v. John H. Suda Paul R. Webber, III Oliver P. Corbin Edward Jenkins Everett O'Quinn Frederick B. Beane, Jr. (Two Cases), 986 F.2d 1459 (D.C. Cir. 1993).publishedFurthermore, if immunity were not extended to clerks, courts would face the "danger that disappointed litigants, blocked by the doctrine of absolute immunity from suing the judge directly [would] vent their wrath on clerks, court reporters…
- Lavit v. Superior Court, 839 P.2d 1141 (Ariz. Ct. App. 1992).published (commissioners appointed by the court to conduct a partition sale were sufficiently related to the judicial process to entitle them to absolute immunity)
- Sell v. Thompson & Costes, Ltd., 472 N.W.2d 834 (Wis. Ct. App. 1991).publishedThe Ford court then concluded that "[t]he same policy that supports absolute immunity for judges justifies absolute immunity for non-judicial officers when they are performing acts 'intimately related to the judicial process.' " Id. at 497…
- Ford v. Kenosha Cnty., 466 N.W.2d 646 (Wis. 1991).published See Scruggs v. Moellering, 870 F.2d 376 (7th Cir. 1989); Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir. 1980).
- Cunningham v. Dist. of Columbia, 584 A.2d 573 (D.C. 1990).publishedImbler v. Pachtman, 424 U.S. 409, 421-424 , 96 S.Ct. 984, 990-992 , 47 L.Ed.2d 128 (1976) (prosecutors immune when initiating and pursuing a criminal prosecution); Sparks v. Character & Fitness Committee, 859 F.2d 428, 433 (6th Cir.1988) (…
- Herbert Dellenbach v. James Letsinger, Paul Buchanan, Janet Roberts Blue, Marianna Novak & Debra Banach, 889 F.2d 755 (7th Cir. 1989).published Moreover, the court concluded that such an extension of absolute immunity was justified under a functional analysis: “The danger that disappointed litigants, blocked by the doctrine of absolute immunity from suing the judge directly, will…
- George Turner, II v. Marion S. Barry, Jr., Mayor, 856 F.2d 1539 (D.C. Cir. 1988).publishedAs a consequence, the probation officer would serve as a “ ‘lightning rod for harassing litigation.’ ” Crosby-Bey v. Jansson, 586 F.Supp. 96, 99 (D.D.C.1984) (quoting Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980)).
- John T. Henry & Evelyn I. Henry v. Farmer City State Bank, an Illinois Banking Corp., Defendants, 808 F.2d 1228 (7th Cir. 1986).published Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980).
- In Re Scott Cnty. Master Docket, 618 F. Supp. 1534 (D. Minn. 1985).published E.g., T & W Investment Company, Inc. v. Kurtz, 588 F.2d 801, 802 (10th Cir.1978) (receivers); Kermit Construction Corp. v. Banco Credito y Ahorro Ponceno, 547 F.2d 1, 3 (1st Cir.1976) (receivers); and Ashbrook v. Hoffman, 617 F.2d 474, 476…
- Doe v. McFaul, 599 F. Supp. 1421 (D. Ohio 1984).publishedThe rationale for sweeping so many individuals under the protection of the judicial robes was explained in Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980): ...
- Acevedo v. Pima Cnty. Adult Prob. Dep't, 690 P.2d 38 (Ariz. 1984).publishedThe immunity is granted to those who perform functions “intimately related to,” Ashbrook v. Hoffman, 617 F.2d 474, 476 (7th Cir.1980), or which amount to “an integral part of the judicial process.” Robichaud v. Ronan, 351 F.2d 533, 536 , (…
- Cameo Convalescent Ctr., Inc. v. Willkom, 572 F. Supp. 1244 (W.D. Wis. 1983).publishedBut Ashbrook v. Hoffman, 617 F.2d 474, 476-477 (7th Cir.1980), decided after Butz, held that Indiana’s partition commissioners, who have functions in relation to partition sales of real estate analogous to those of Illinois local liquor co…
- John A. Reed, Gerald G. Kaluzny, & Rbk, Ltd. v. Vill. of Shorewood, 704 F.2d 943 (7th Cir. 1983).publishedBut Ashbrook v. Hoffman, 617 F.2d 474, 476-77 (7th Cir.1980), decided after Butz , held that Indiana’s partition commissioners, who have functions in relation to partition sales of real estate analogous to those of Illinois local liquor co…
- Morales v. Turman, 569 F. Supp. 332 (E.D. Tex. 1983).published(court-appointed partition commissioners)
At page 475 cited at this page4 citing cases
- Yuknis v. Atherton, 668 F. Supp. 1173 (N.D. Ill. 1987).publishedElls- worth v. City of Racine, 774 F.2d 182, 184 (7th Cir.1985), cert. denied, 475 U.S. 1047 , 106 S.Ct. 1265 , 89 L.Ed.2d 574 (1986); Ashbrook v. Hoffman, 617 F.2d 474, 475 (7th Cir.1980).
- Chloree Vaden, D/B/A Ree's Confectioneries v. Vill. of Maywood, Illinois, a Mun. Corp., Defendants, 809 F.2d 361 (7th Cir. 1987).publishedEllsworth v. City of Racine, 774 F.2d 182, 184 (7th Cir.1985), cert. denied, — U.S.-, 106 S.Ct. 1265 , 89 L.Ed.2d 574 (1986); Ashbrook v. Hoffman, 617 F.2d 474, 475 (7th Cir.1980).
- Bianco v. Texas Instruments, Inc., 627 F. Supp. 154 (N.D. Ill. 1985).publishedConley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957); Ashbrook v. Hoffman, 617 F.2d 474, 475 (7th Cir.1980).
- R. Anthony Marrese, M.D., & Bone & Jt. Surgeons, Inc. v. Interqual, Inc., 748 F.2d 373 (7th Cir. 1984).publishedCarpenters, 675 F.2d 881, 883 (7th Cir.), cert. denied, 459 U.S. 860 , 103 S.Ct. 132 , 74 L.Ed.2d 114 (1982) (quoting *380 Ashbrook v. Hoffman, 617 F.2d 474, 475 (7th Cir.1980)).
Thus, we determine the absolute quasi-judicial immunity of a nonjudicial official through a functional analysis of the action taken by the official in relation to the judicial process.
- Garcia v. Casey, No. 2:18-cv-02079 (N.D. Ala. Feb. 12, 2020). (Thus, we determine the absolute quasi-judicial immunity of a nonjudicial official through a functional analysis of the action taken by the official in relation to the judicial process.)
- Garcia v. Casey, No. 2:18-cv-02079 (N.D. Ala. Aug. 1, 2019). (Thus, we determine the absolute quasi-judicial immunity of a nonjudicial official through a functional analysis of the action taken by the official in relation to the judicial process.)
At page 477 leading to the issuance of a judicial decree of partition. Bryan v. Yoder, 225 Ind. 57, 71 N.E.2d 474 (1947). In total these factors suggest an integral…2 citing cases
- Rose, No. 1:25-cv-00035 (E.D. Mo. Dec. 18, 2025).Since Sheriff Drury and Chief Deputy Merideth were legally required to levy the writ of execution that was delivered to them, they clearly acted in furtherance of their “official duties in aid of the court.” Henry, 808 F.2d at 1239 quoting…
- Carlson v. Mayer, 30 Mass. L. Rptr. 3 (Mass. Super. Ct. 2012).published Of particular significance to the instant case is the authority cited by the First Circuit to substantiate its conclusion that a conservator of assets was a non-judicial person fulfilling quasi-judicial functions; namely, the First Circuit…
“thus, we determine the absolute quasi-judicial immunity of a nonjudicial official through a functional analysis of the action taken by the official in relation to the judicial process.”
- Garcia v. Casey, No. 2:18-cv-02079 (N.D. Ala. Feb. 12, 2020). “thus, we determine the absolute quasi-judicial immunity of a nonjudicial official through a functional analysis of the action taken by the official in relation to the judicial process.”
- Garcia v. Casey, No. 2:18-cv-02079 (N.D. Ala. Aug. 1, 2019). “thus, we determine the absolute quasi-judicial immunity of a nonjudicial official through a functional analysis of the action taken by the official in relation to the judicial process.”
v.
Harlan HOFFMAN Et Al., Defendants-Appellees
The central issue on appeal is whether Indiana partition commissioners are entitled to absolute quasi-judicial immunity for their conduct in handling a partition sale and in distributing the proceeds from such a sale. The district court concluded that the defendants-appellees, Harlan Hoffman and James Hooper, the partition commissioners, were entitled to absolute immunity for the alleged acts of wrongdoing and granted the motion to dismiss them from the suit remaining in federal court. [1] Plaintiffs, Charles Ashbrook and Master Chef, Inc., appealed. We affirm.
For the purposes of reviewing the grant of a motion to dismiss the well-pleáded factual allegations of the complaint are taken as true and the grant is upheld if it appears beyond doubt that the plaintiffs can prove no set of facts in support of their claim which would entitle them to relief. Conley v. Gibson, 355 U.S. 41, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Central Ice Cream Co. v. Golden Rod Ice Cream Co., 257 F.2d 417 (7th Cir. 1958). The relevant well-pleaded factual allegations in this complaint reveal the following:
Charles and Florence Ashbrook were divorced in 1975. As part of the divorce decree the court awarded each party an undivided one-half interest in a restaurant and motel business known as Master Chef. Soon thereafter Florence sued Charles for partition of Master Chef and for damages. The court appointed two partition commissioners for the sale, Charles’ attorney, James Hooper, and Florence’s attorney, Harlan Hoffman. This appointment, plaintiffs contend, was in violation of Indiana law. The commissioners were responsible for conducting the sale of Master Chef. Plaintiffs claim the commissioners advertised the sale in a manner unlikely to attract many bidders. In addition Hoffman, as part of a conspiracy with Florence and others, and while serving as a commissioner, aided Florence in bidding in violation of Indiana law. Hoffman’s participation caused Charles to pay $70,000 more than he would have had to pay if Hoffman had not participated. After the sale Hooper refused to attack the sale when his client Charles requested that he do so. Later, after Charles succeeded in purchasing the property, Hooper and Hoffman reported to the supervising court that they had distributed to Charles his- share of the proceeds. Plaintiffs claim this was not true. At this point the court discharged the commissioners. Thereafter, without notifying Charles, Hooper and Hoffman deposited Charles’ share of the proceeds with the clerk of court. Later still, Hooper after withdrawing as Charles’ counsel filed an attorney’s lien for services rendered representing Charles. The court initially did not grant the lien, but later the court, with a different judge presiding, granted the lien without notice to Charles or the opportunity for a hearing.
Plaintiffs contend that the improper appointment, the defective advertisement, the illegal participation in the bidding, the unlawful cover-up of the sale, and the untruthful reporting to the court about the distribution of the proceeds constituted action in violation of Section 1 of the Sherman Act and also was action under color of law which deprived plaintiffs of their constitutional rights in violation of Section 1983 of Title 42 of the United States Code. Defendant commissioners contend that they[*476] are absolutely immune from this federal suit for damages because the acts complained of constituted either the discretionary performance of duties intimately related to the judicial process or were merely the execution of directives of the supervising court.
The absolute immunity of judges from civil liability for acts not in clear absence of judicial jurisdiction is firmly established. Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978) (immunity from Section 1983 suit); Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 20 L.Ed. 646 (1872) (common law immunity from civil suits); Turner v. American Bar Association, 407 F.Supp. 451 (N.D.Tex., W.D.Pa., N.D.Ind., D.Minn., S.D.Ala., W.D.Wis.1975), aff’d sub nom. Taylor v. Montgomery, 539 F.2d 715 (7th Cir. 1976) and Pilla v. American Bar Association, 542 F.2d 56 (8th Cir. 1976) (immunity from civil antitrust suit). The rationale of the immunity is that a judge should be free from the harassment of private litigation when conducting his official business. The presence of an appeal is available to remedy judicial errors.
Other nonjudicial officials whose official duties have an integral relationship with the judicial process have also been held to have absolute immunity for their quasi-judicial conduct. See, e. g., Imbler v. Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (prosecuting attorney has absolute quasi-judicial immunity for those activities intimately associated with the judicial phase of the criminal process); Kermit Construction Corp. v. Banco Credito Y Ahorro Ponceno, 547 F.2d 1 (1st Cir. 1976) (receivers absolutely immune even though engaged in ministerial acts); Lockhart v. Hoenstine, 411 F.2d 455 (3d Cir.), cert. denied, 396 U.S. 941, 90 S.Ct. 378, 24 L.Ed.2d 244 (1969) (prothonotaries absolutely immune); Stift v. Lynch, 267 F.2d 237 (7th Cir. 1959) (justices of the peace enjoy quasi-judicial absolute immunity). The same policies which underlie the grant of absolute judicial immunity to judges justify the grant of immunity to those conducting activities intimately related to the judicial process. See Imbler v. Pachtman, 424 U.S. at 423-24, 96 S.Ct. at 991-992, Note, 68 Harv.L.Rev. 1229 (1955). On one hand is the policy that an official making quasi-judicial discretionary judgments should be free of the harassment of private litigation in making those judgments. Imbler, 424 U.S. at 423, 96 S.Ct. at 991. On the other hand a nonjudicial officer who is delegated judicial duties in aid of the court should not be a “lightning rod for harassing litigation” aimed at the court. Kermit Construction, 547 F.2d at 3. Thus, if “acts, alleged to [be] wrongful, were committed by the officer in the performance of an integral part of the judicial process,” Robichaud v. Ronan, 351 F.2d 533, 536 (9th Cir. 1965), then the officer is absolutely immune from suit.
Whether particular officeholders have quasi-judicial absolute immunity for their acts depends on an analysis of the nature of the activities in which the officeholder engages and the relationship of those activities to the judicial process. Daniels v. Kieser, 586 F.2d 64, 69 (7th Cir. 1978), cert. denied, 441 U.S. 931, 99 S.Ct. 2050, 60 L.Ed.2d 659 (1979). An analysis of a partition commissioner’s official duties leads us to the conclusion that they are sufficiently related to the judicial process to entitle them to quasi-judicial absolute immunity for their official acts. A partition proceeding is in the nature of a judicial proceeding; it begins with a complaint and results in a judicial decree of partition. Ind.Code Ann. § 32-4-5-3 (Burns 1973). Commissioners are appointed by a court, their duties are defined by statute, and the court reviews their conduct. Id. § 32-4-5-6. The commissioners make a judgment whether the lands for which partition is sought may be divided without damage to the owners. Id. § 32 — 4-5-13. The commissioners prepare a report of partition which is read in open court, and if confirmed by the court is entered in the record book. Id. §§ 32-4-5-10, 32-4-5-11. The partition commissioners, under the supervision of the court, exercise discretion in the conduct of quasi-judicial proceedings. The commissioners serve as instruments or arms of the court[*477] leading to the issuance of a judicial decree of partition. Bryan v. Yoder, 225 Ind. 57, 71 N.E.2d 474 (1947). In total these factors suggest an integral relationship with the judicial process entitling partition commissioners to absolute quasi-judicial immunity for acts in furtherance of their official duties. The policies behind the extension of quasi-judicial absolute immunity suggest that the commissioners are absolutely immune. The presence of appeal to correct the commissioners’ errors further suggest that quasi-judicial immunity exists. Atcherson v. Siebenmann, 458 F.Supp. 526, 535 (S.D.Iowa 1978), vacated in part, 605 F.2d 1058 (8th Cir. 1979). The same result has been reached in analogous situations. Tamari v. Conrad, 552 F.2d 778 (7th Cir. 1977) (arbitrators); Steward v. Minnick, 409 F.2d 826 (9th Cir. 1969) (court reporters and clerks of court); Sarelas v. Sheehan, 353 F.2d 5 (7th Cir. 1965) (deposition officers).
The alleged acts of wrongdoing in this case are acts in furtherance of the commissioners’ official duties in aid of the court. Advertisement of a partition sale is a routine part of the conduct of such a sale. Any inadequacy in the advertisement is reviewable on appeal but will not subject the commissioners to a federal civil damages suit. Likewise, complaints concerning the disposal of the proceeds of sale where it is not alleged that the proceeds were misappropriated, [2] improper participation in the bidding process, and an alleged unlawful cover-up of wrongdoing in the sale, all relate to the conduct of the quasi-judicial partition proceeding and are activities for which the commissioners are absolutely immune. [3] Therefore, the district court properly dismissed Hoffman and Hooper from the suit. [4]
As a second issue the plaintiffs claim that the law partnership, Hooper & Votaw, and Hooper’s partner Votaw were improperly dismissed from the federal suit. The complaint conditions Hooper & Votaw’s and Votaw’s liability in the suit on the partnership relationship with Hooper. The only factual allegation in the complaint concerning Hooper & Votaw and Votaw, however,[*478] is that the court awarded the partnership $2,000 from sums owed Hooper for his legal representation of Charles Ashbrook. There are no allegations that Votaw or the partnership participated in any of the alleged acts of wrongdoing or were part of any conspiracy. Absent such factual allegations no federal claim has been stated against Votaw or the partnership under Section 1983 (Sparkman v. McFarlin, 601 F.2d 261 (7th Cir. 1979) (in banc)), or under the Sherman Act (15 U.S.C. § 1).
Accordingly, we affirm the district court’s order.
AFFIRMED.
. As originally brought the suit involved several defendants and contained claims for relief under state law. The district court exercised its discretion to dismiss the pendent state law claims. Plaintiffs’ suit against other defendants is continuing in federal court.
. At oral argument the suggestion was made that because partition commissioners must post a bond before assuming office some state liability was intended. Our independent examination of this issue suggests the bond was not intended to guard against misfeasance in the conduct of the partition proceedings. The conditions of the bond only require that the commissioners “will make due and proper accounting of all funds and monies coming into their hands. . . . ” Recovery on the bond, as the bond suggests, has been limited to situations in which the commissioner has been unable to account for proceeds which have come into his possession. Coggeshall v. State ex rel. Corder, 112 Ind. 561, 14 N.E. 555 (1887) (suit on bond available when commissioner holds distributive share of proceeds and has failed to pay it to party entitled to the share); Williams v. State ex rel. Johnson, 87 Ind. 527 (1882) (commissioner’s failure to account for proceeds which he possesses and which he has allegedly converted to his own use states cause of action on bond). Since plaintiffs concede in their complaint that the commissioners have deposited Charles’ share of the proceeds with the court, there is no liability on the bond. Therefore, we need not consider whether the availability of a state law damage suit on a bond for alleged acts of wrongdoing would affect the conclusion that the partition commissioners are immune from federal suit.
. Allegations concerning the appointment of the commissioners in violation of Ind.Code Ann. § 32-4-5-6 (Burns 1973) is an attack on the judicial order of appointment. Stump v. Sparkman, 435 U.S 349, 98 S.Ct. 1099, 55 L.Ed.2d 331, makes it clear that judicial immunity covers such an act. Likewise, the court’s granting of the attorney’s lien without notice to Charles or a hearing is an act by a judge entitled to absolute judicial immunity from a civil damages suit.
. Plaintiffs contend that the conduct of the partition proceeding is a ministerial act analogous to a sheriff’s sale and thus partition commissioners are not entitled to quasi-judicial absolute immunity. We have found that the role of the partition commissioner is integrally related to and is in furtherance of the judicial process. This entitles such a commissioner to quasi-judicial immunity. Plaintiffs’ characterization of a partition proceeding as ministerial does not affect the conclusion that the commissioners are entitled to absolute immunity because those performing ministerial acts under a judge’s supervision and intimately related to judicial proceedings have quasi-judicial immunity. Kermit Construction. 547 F.2d 1, (1st Cir. 1976); Waits v. McGowan, 516 F.2d 203 (3d Cir. 1975).