Lawsuit against former municipal court judge dismissed

The lawsuit against former Tiffin-Fostoria Municipal Court Judge Mark Repp was dismissed Tuesday. The March 2022 lawsuit against Repp came two years after an Upper Sandusky woman was attending a court hearing and was asked by Repp to take a drug test, which she refused. The woman then was taken into custody at the Seneca County Sheriff's Office. Repp was suspended by the Ohio Supreme Court for this conduct. He was suspended in Nov. 2021 for one year. According to the document written by Sr. U.S. District Judge James G. Garr, the defendant (Repp) argued that he is entitled to absolute judicial immunity. Garr further explains that Repp argued because of the judicial immunity he was acting in his judicial capacity when he issued the orders against the woman and so, the case should be dismissed. The document then explains that the plaintiff argues, "that the defendant did not have jurisdiction because the Ohio Court of Appeals and Ohio Supreme Court found that he had no authority to order the drug test or to issue the contempt order. Plaintiff further argues that the defendant was not acting in his judicial capacity because his orders were 'personal and selfish,' as plaintiff was not appearing before him as a litigant or party to a case." The dismissal concludes: "I want to be clear that I in no way condone the actions that led the plaintiff to file this lawsuit. It is undisputed that the defendant acted beyond his authority, and his actions are inexcusable. It is for that reason that the Ohio Supreme Court suspended the defendant from practice for one year, which appears to me to have been entirely justified. "Plaintiff cannot, however, recover damages from the defendant for those wrongs. While plaintiff, as an individual litigant, is certain to be disappointed in this outcome, the doctrine of judicial immunity is necessary to preserve an independent judiciary and to ultimately protect the public at large." "I appreciate the Court's prompt and thorough review of this motion, and their granting the same," Repp told the A-T. You can read the determination in full here: file:///C:/Users/gregd/Downloads/Order%20Granting%20Motion%20for%20Judgment%20on%20the%20Pleadings%20(1).pdf.