Mitchell v. Hood
United States Court of Appeals for the Fifth Circuit
614 Fed. Appx. 137 (2015)
- Written by Rose VanHofwegen, JD
Facts
Shortly before a judicial election, somebody sent a postcard to some 3,000 voters accusing candidate Kiana Mitchell (plaintiff) of violently attacking an “innocent pregnant woman.” Mitchell lost the election by 263 votes. Because the postcard said it was “Paid for by B. Hood,” Mitchell sued Brett Hood (defendant) for damages. Hood filed a third-party claim impleading the incumbent judge who won the election, Judge Anderson-Trahan, claiming she sent out the postcard. Hood sought personal damages from the judge for putting his name on the postcard and damaging his reputation, not indemnity or contribution for amounts Hood might be held liable to Mitchell. The judge appealed, arguing she was not a proper party to the suit.
Rule of Law
Issue
Holding and Reasoning (Per curiam.)
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