US District Judge Lynn Adelman denied an motion to dismiss federal charges against Milwaukee County Judge Hannah Dugan.
Surveillance video shows Judge Hannah Dugan’s interaction with federal agents
Surveillance video shows Judge Hannah Dugan’s interaction with federal agents
- Judge Lynn Adelman denied an motion to dismiss a federal lawsuit against Milwaukee County Judge Hannah Dugan.
- Dugan is accused of obstructing an immigrant officer trying to arrest undocumented immigrants in court.
- Adelman rejected Dugan’s allegations of judicial immunity and breach of separation of power.
- If Dugan does not appeal, a trial could take place later this year.
US District Judge Lynn Adelman has cleared the trial path for the charges that denied an appeal against Milwaukee County’s Judge Hannah Dugan and obstructed an immigrant officer who came to court to arrest him.
In a significant and highly anticipated ruling, Adelman backed off the arguments of Dugan’s powerful legal team that the judge was immune from the prosecution and that the case was an example of a judicial overreach.
Adelman’s ruling agrees with the report of US Magistrate Judge Nancy Joseph, who recommended that Dugan cases not be dismissed in early July.
“There is no basis for granting immunity, because it explains the possibility that some of the claims for the prosecution could be considered “part of the judge’s job,” Adelman wrote in the 27-page ruling.
“As the Magistrate Judge pointed out, the same can be said for bribery prosecutors, where bribery is valid, where the judge was charged with conducting official acts intertwined with bribery.”
Adelman, 85, was appointed by Democrat Bill Clinton and is considered by some of the nation’s most liberal federal judges.
The lawsuit against Dugan highlights the escalation of tensions between the country’s judges and the Trump administration, in order to promote crackdowns on undocumented immigrants.
In his decision, Adelman rejected an attempt to link the case to a recent U.S. Supreme Court ruling that ties the case with a recent U.S. Supreme Court ruling that ties with the allegedly immune from the prosecutor when he acted in official capacity.
Adelman also rejected Dugan’s claim that her arrest and prosecutors were a violation of the separation of state and federal powers under the US Constitution.
However, the judge said Dugan raised “very realistic concerns” about his judicial immunity.
“She could not prosecute a judge by handling contraband during trial, if official conduct did not enjoy immunity, or could not be charged with scheduling a hearing in a way that would inconveniently render federal law enforcement,” Adelman wrote. He then wondered if a state judge could be accused of ordering undocumented immigrants to detention and blocking planned arrests by federal immigration authorities.
The response by federal prosecutors on the issue was “dissatisfied,” Adelman wrote.
Adelman was scheduled for a hearing in court in downtown Milwaukee at 11am on September 3, 2025. Dugan will not be displayed.
Adelman said he would like to know at such a hearing if there is an appeal. The appeals are sent to the Seventh Circuit Court of Appeals covering cases in Wisconsin, Illinois and Indiana, and are headquartered in Chicago.
The appeal freezes the process until the High Court rules and postpone the trial in 2026.
However, if Dugan’s team doesn’t appeal, the trial could likely be scheduled earlier this year.
In a statement, Dugan’s legal team said, “While we are disappointed with this decision, we look forward to the trial. This shows that Judge Dugan has not done anything wrong, and simply handled the case in the same way as anyone else before her court.”
The statement did not clarify whether Dugan plans to appeal the decision.
The US law firm did not immediately respond to requests for comment.
Dugan is currently suspended along with his salary by order from the Wisconsin Supreme Court.
Joseph issued her report after Dugan’s attorney filed a motion for rejection. Adelman cited Joseph’s report several times in his ruling.
Dugan has been accused of Eduardo Flores Luis, an undocumented immigrant charged with battery, for avoiding federal immigration officials in April 2025.
Dugan was indicted in May and pleaded not guilty. The trial was scheduled for July, but was cancelled as a motion to dismiss Advanced.
Milwaukee County Judge Hannah Dugan commented to police caught on body camera
Milwaukee County Judge Hannah Dugan commented to Milwaukee Police about the incident in court.
Milwaukee Police Station
Federal prosecutors upheld Joseph’s recommendations, saying the defense mischaracterized the previous court’s decision. They also argued that the criminal charges stemmed from her “unilateral, illegal and informal actions other than the role of a Wisconsin judge.”
Dugan blocked federal agencies on May 13, attempting to help undocumented immigrant Flores Lewis escape federal agents on April 18th in Milwaukee County Court.
Flores Lewis, 31, was taken into custody following a pursuit outside the courthouse. Federal officials say Flores Lewis illegally re-entered the United States from Mexico after being deported.
FBI agents later arrested Dugan in court, making her a famous example of a clash between the Trump administration and the judiciary.
Dugan, 66, pleaded not guilty to the felony and misdemeanor charges she faces. If convicted, she will face up to six years in prison, while first-time nonviolent offenders will usually receive shorter sentences or probation.
Flores Lewis agreed to plead guilty to illegally entering the United States after being deported in 2013. His misdemeanor battery case is on trial later this year.
(This story has been updated to add new information.)
