The 8th Circuit Rejects Qualified Immunity for a Judge Who Jailed 2 Kids for 'Refusing To Follow Directions'

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Cite

Sullum, J. (2026, October 15). The 8th Circuit Rejects Qualified Immunity for a Judge Who Jailed 2 Kids for 'Refusing To Follow Directions'. Reason. https://reason.com/2026/10/15/the-8th-circuit-rejects-qualified-immunity-for-a-judge-who-jailed-2-kids-for-refusing-to-follow-directions/

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Reason · collected 2026-10-15 · by Jacob Sullum

Quick Summary

The U.S. Court of Appeals for the 8th Circuit ruled that Missouri Judge Eric Eighmy violated the Fourth Amendment rights of two teenagers by jailing them for refusing to leave with their mother after a custody dispute in October 2019. The court rejected Eighmy's claim of qualified immunity, stating it was "clearly established" law that imprisoning children without cause is unconstitutional. Dylan Moore from the Institute for Justice called the decision significant, asserting that government officials should face accountability when they commit obvious constitutional violations.
Written locally by qwen2.5:14b on 2026-10-15, using this article's own text rather than the other coverage of the same event (that is the story summary below).

AI analysis runs on qwen2.5:14b, locally

Story summary

The U.S. Court of Appeals for the 8th Circuit ruled on October 10, 2026, that Taney County Judge Eric Eighmy violated the Fourth Amendment rights of two children when he jailed them in Missouri because they resisted a custody decision. The court rejected Eighmy's claim to qualified immunity, which would have shielded him from liability for violating clearly established law. In his opinion, Judge David Stras stated that imprisoning children without cause is "beyond debate." Dylan Moore, an attorney with the Institute for Justice, welcomed this decision, emphasizing that judges cannot use qualified immunity as a defense for unconstitutional actions against minors.

Written for “Judge Jailed Children For DisobedienceRejected On Appeal” on 2026-10-15, grounded in this article and the 0 other(s) covering the same event.
Why this leaning score
The model judged this article politically coded and scored it -0.65, but all 3 of its quote(s) are attributed speech - words the article quotes from someone, not the article's own narration, so the score is not published.
Written under an earlier scoring contract, which gave a paragraph rather than checkable quotes. Re-analysing this article replaces it.
Leaning score withheld for article 83065: attributed speech only · logged 2026-10-15

Story

📰 Judge Jailed Children For DisobedienceRejected On Appeal
Crime & Law · 1 article(s) covering the same event.

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Claims extracted
54
sentences that state something as happening or true
Uncertain
13%
7 of 54 hedged ("reportedly", "may", "according to")
Leaning
withheld
no quote in the article backed the model's score
Publisher signals
66/100
Reason's corrections and hedging, across everything collected from it. Not a measure of accuracy.
Outlets on this story
1
Crime & Law
Same framing elsewhere
1
articles that frame the event the way this one does
Analyzed 2026-10-15 · how these are computed

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Source leaning vs. consistency

Publisher

Reason · 749 article(s) · 4 correction(s) detected
Running correction rate · 4 correction(s)

Who wrote this

Jacob Sullum
26 article(s) here · 1 carrying a prediction
🔮 Their divorced parents, Bart Rockett and Kami Ballard, agreed that Ballard, who at that point lived in Missouri, would have primary custody of the children, while Rockett, who was living in California, would be "responsible for them at the beginning of each month and 'during TV pilot season.'"
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🔮 According to the Department of Justice (DOJ), which last Friday demanded network communications regarding the TV pool, that show of solidarity may have violated the Sherman Antitrust Act.
🔮 Although the relevance of those precedents might seem obvious, state and federal courts generally have perceived important differences between cellphone tracking and police use of roadside cameras that record images of passing cars.
🔮 Less concretely, the White House says Trump has "backed law enforcement," which would seem to fall into the category of "presidential public safety signals," another potential factor that the crime experts considered.
🔮 Should Pike recover from two botched administrations of pentobarbital, which left her unconscious and unable to breathe on her own, she might travel that road in reverse after she is well enough to be killed.
🔮 The day of the shooting, Trump averred that Good "violently, willfully, and viciously ran over the ICE Officer" and that "it is hard to believe he is alive."
🔮 The planned reforms would build on progress that the FDA has made during the last couple of years, including its approval of nicotine pouches and vapes in flavors that former smokers demonstrably prefer.
🔮 For the time being, he said, only marijuana products currently sold by state-licensed medical dispensaries or approved in the future by the FDA would qualify for Schedule III.
🔮 In the 1968 case Terry v. Ohio, the Supreme Court ruled that police may stop someone when they reasonably suspect he is involved in criminal activity and may frisk him if they reasonably suspect he is "armed and dangerous."
Also by Jacob Sullum
Nothing else under this byline is closely related to this article, so these are simply their most recent.
All 26 articles by Jacob Sullum →

Topics

8th Circuit Fourth Amendment Missouri The U.S. Court of Appeals the 8th Circuit

Subjects

Eighmy PERSON · 12× Brooklyn PERSON · 5× Kadan PERSON · 5× Stras PERSON · 4× 8th Circuit ORG · 2× Ballard PERSON · 2× Missouri GPE · 2× Rockett PERSON · 2× the 8th Circuit ORG · 2× The U.S. Court of Appeals ORG · 1×

Narrative

Their divorced parents, Bart Rockett and Kami Ballard, agreed that Ballard, who at that point lived in Missouri, would have primary custody of the children, while Rockett, who was living in California, would be "responsible for them at the beginning of each month and 'during TV pilot season.'"
framing: assertive · carried by 1 article(s) · first seen 2026-10-15
🔮 Their divorced parents, Bart Rockett and Kami Ballard, agreed that Ballard, who at that point lived in Missouri, would have primary custody of the children, while Rockett, who was living in California, would be "responsible for them at the beginning of each month and 'during TV pilot season.'"

Claims (54 extracted, 7 hedged)

A Missouri judge who locked two children in jail cells because he was frustrated by their resistance to a parental custody decision is liable for violating their Fourth Amendment rights, a federal appeals court ruled this week. asserted
court → lock → rights
The U.S. Court of Appeals for the 8th Circuit rejected Taney County Judge Eric Eighmy's claim that he was shielded by qualified immunity, a doctrine that blocks federal civil rights claims unless they allege a violation of "clearly established" law. uncertain
they → reject → law
"A reasonable judge should have known better," Judge David Stras writes in an opinion joined by the two other members of the 8th Circuit panel. asserted
Stras → know → panel
"The law was 'clearly established' enough" to "place the issue 'beyond debate.' asserted
law → establish → debate
Institute for Justice attorney Dylan Moore, who wrote an 8th Circuit brief arguing against immunity for Eighmy and participated in oral arguments, welcomed the decision. asserted
who → write → decision
"Every reasonable person knows that a judge can't throw children in jail for no good reason," he said. asserted
he → know → reason
"Yet Judge Eighmy claimed qualified immunity shielded him from accountability anyway because no prior case told him that imprisoning innocent kids is unconstitutional. asserted
imprisoning → claim → kids
That defense is ridiculous, and we are thrilled that the court saw through it. asserted
court → thrill → it
When government officials commit such obvious constitutional violations, qualified immunity should never enter the picture." asserted
immunity → commit → picture
The incident at the center of the case happened after an October 2019 custody hearing involving Kadan Rockett, then 14, and his 12-year-old sister, Brooklyn, who had achieved a modicum of fame as magicians performing on America's Got Talent. asserted
who → happen → Talent
Their divorced parents, Bart Rockett and Kami Ballard, agreed that Ballard, who at that point lived in Missouri, would have primary custody of the children, while Rockett, who was living in California, would be "responsible for them at the beginning of each month and 'during TV pilot season.'" asserted
who → divorce → season
But Kadan and Brooklyn did not want to go home with their mother, which led to an argument in the lobby of the courthouse. asserted
which → want → courthouse
Eighmy intervened, telling Kadan and Brooklyn to come with him to a conference room, where he informed them that they had to leave with Ballard. asserted
they → intervene → Ballard
"The children would not budge, even after the judge mentioned that the other option was foster care," Stras notes. asserted
Stras → budge → ?
"Frustrated, Judge Eighmy had the children follow him again, this time to a waiting area in the courthouse's juvenile division." asserted
children → have → division
A few minutes later, Eighmy "led them down a hallway to two holding cells." asserted
Eighmy → lead → cells
Outside the cells, Eighmy again threatened Kadan and Brooklyn with foster care, but they were still unmoved. asserted
they → threaten → care
"Lock them up," the judge told an officer, who "patted them down and ordered them to remove their socks and shoes" before confining them in separate cells. asserted
who → lock → cells
It is not clear exactly how much time Kadan and Brooklyn spent in the cells. asserted
Kadan → spend → cells
The Institute for Justice says "about an hour," while Stras says "the time spent in the holding-cell area was between twenty and forty minutes." asserted
time → say → area
In any case, the children's respect for Eighmy's authority had improved by the time he came back. asserted
he → improve → time
He "asked them one more time whether they would leave with their mother," Stras writes. asserted
Stras → ask → mother
"This time, they both nodded yes, so he let them go." asserted
them → nod → ?
In June 2021, Rockett, the children's father, sued Eighmy on their behalf under 42 USC 1983, which authorizes claims against state or local officials who violate constitutional rights under color of law. uncertain
who → sue → law
In his motion to dismiss the lawsuit, Eighmy argued that he was protected by judicial immunity, which is absolute with respect to a judge's official duties. asserted
which → dismiss → duties
U.S. District Judge disagreed, and the 8th Circuit affirmed that ruling in 2023, noting that Kadan and Brooklyn were beyond Eighmy's contempt power because they were not parties to the custody case and that "judges do not do double duty as jailers." asserted
judges → disagree → jailers
Eighmy reiterated his judicial immunity claim in a motion for summary judgment, and rejected it again. uncertain
Eighmy → reiterate → it
After the trial began, Eighmy claimed qualified immunity twice, once after all the evidence had been submitted and again after the jury's verdict in favor of Kadan and Brooklyn. asserted
evidence → begin → Kadan
The jury ultimately awarded Kadan and Brooklyn $5,000 each in damages, and Harpool added about $327,000 in attorney fees. asserted
Harpool → award → fees
Eighmy appealed again, reiterating his judicial immunity claim. uncertain
Eighmy → appeal → claim
But the appeals court ruled that he had abandoned that argument by failing to raise it during the trial or after the verdict. asserted
he → rule → verdict
So Eighmy was left with qualified immunity, which the appeals court said he did not deserve. asserted
he → leave → which
Eighmy clearly violated the Fourth Amendment's prohibition of unreasonable seizures, Stras says, because he "did not have 'probable cause to believe that [the children had] committed' an offense, much less one that justified placing them in a holding cell. asserted
that → violate → cell
Rather, their only misdeed was one every parent knows well: resisting authority. asserted
parent → know → authority
Even in the context of legal-custody proceedings, refusing to leave with a parent is not a jailable offense. asserted
refusing → refuse → parent
" Did Eighmy's authority as a judge give him extra leeway? asserted
authority → give → leeway
"Criminal contempt was off the table because the children were neither parties to the custody case nor present inside the courtroom," Stras notes. asserted
Stras → note → courtroom
"Nor could the power to punish a party for violating an injunction have provided the justification, given that Judge Eighmy never issued one." uncertain
Eighmy → punish → one
Eighmy's motive for jailing the children does not change that analysis. asserted
motive → jail → analysis
"We have no doubt that Judge Eighmy believed he was acting in 'good faith,' and possibly even in the children's best interests, by detaining them," Stras writes. uncertain
Stras → have → them
…and 14 more, not listed.
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