A judge in Georgia's Fulton County Superior Court is asking a federal judge to dismiss a suit alleging she violated an Alabama woman's constitutional rights by improperly jailing her when she was a witness in her parents' divorce, with the judge arguing that judicial immunity shields her from the suit.

Judge Shermela J. Williams said in her motion Tuesday that Molly Riley Dennis' claims are barred by the doctrine of absolute judicial immunity, because Judge Williams was acting within her duties.

"The essential nature of the challenged act is judicial," the motion states. "Judges and judicial officers issue warrants for arrest and detention, including bench warrants; and they do so for various reasons or grounds including, but not only limited to, contempt of court."

Dennis' suit, lodged in October, claims that Judge Williams unlawfully placed her under arrest in violation of her Fourth Amendment right against unreasonable searches and seizures and her Fourteenth Amendment right to due process.

Judge Williams said that her interaction with Dennis was weighed by the state's Judicial Qualifications Commission, which found in a report and recommendation that the judge hadn't violated the Georgia Code of Judicial Conduct in this incident, because she was responding to "courtroom misbehavior and disruption during the trial by Molly and her mother."

Judge Williams said the commission said in its report that the judge "verbally reprimanded Molly and her mother, but elected not to exercise her contempt powers — though it appears she certainly had a reason to do so based upon her observations of disruptive and/or inappropriate conduct and demeanor during the proceedings."

Dennis said in her complaint that her arrest came "without interruption or provocation of any kind from" her.

Dennis' suit says that Judge Williams ordered Dennis to be arrested when she was a witness through a subpoena for her parents' divorce proceeding. Judge Williams was presiding over the bench trial in the divorce.

"Controlling the courtroom, interacting with and dealing with the parties and witnesses during a hearing or trial, even instructing courtroom deputies to remove and detain witnesses, are all 'functions normally performed by a judge,' and in connection with those functions Molly clearly 'dealt with [Judge Williams] in [her] judicial capacity,'" Judge Williams' motion states.

Judge Williams said that case law has established that judges have immunity if their actions are related to judicial duties.

"Of equal importance, it is settled that judicial immunity will bar claims that are predicated on a judicial act however controversial the act may be, and however tragic or injurious the consequences of the act may be," the motion says.

Dennis' suit also names as defendants Fulton County and Fulton County Sheriff Patrick Labat, alleging that the county and its sheriff's office failed to properly train its deputies. Dennis said that county deputies arrested her in October 2023 for about 15 to 45 minutes

The county filed a motion to dismiss in January, arguing that Dennis didn't sufficiently allege that the county had a custom or policy that violated constitutional rights or caused violations of constitutional rights. The county also argued that it's not liable for the training.

Labat also filed a motion to dismiss in January, arguing that the claim against him is barred by immunity.

"It is well settled that a Georgia sheriff acts as an arm of the state when performing his law enforcement duties; thus, he, his deputies, and his staff are entitled to Eleventh Amendment immunity when sued in their official capacities as a result of performing such duties," Labat said.

On Feb. 5, Dennis said in response to the county's bid for dismissal that her allegations — that she was arrested by the deputies "without hesitation or inquiry" — provide an inference that the county maintains a custom or practice of allowing deputies assigned to Superior Court "to execute facially unlawful judicial orders without training, supervision, or safeguards designed to protect constitutional rights."

Counsel for Dennis, Judge Williams, the county and Labat didn't immediately respond to requests for comment Wednesday.

Dennis is represented by Christopher D. Pixley of Christopher D. Pixley LLC.

Judge Williams is represented by Christopher M. Carr, Loretta L. Pinkston-Pope, Roger A. Chalmers and Maigan Jenkins of the Georgia attorney general's office.

The county and Labat are represented in-house by Y. Soo Jo, Shalanda Miller, Victoria Kealy and Taryn L. Arbeiter of the county attorney's office.

The case is Dennis v. Fulton County, Georgia et al., case number 1:25-cv-06057, in the U.S. District Court for the Northern District of Georgia.

--Editing by Amy French.