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Stump v. Sparkman (1978)
Main article: Stump v. Sparkman
One of the leading decisions on judicial immunity is Stump v. Sparkman. In 1971, Judge Harold D. Stump granted a mother's petition to have a tubal ligation performed on her 15-year-old daughter, whom the mother alleged was "somewhat r****ded". The daughter was told that the surgery was to remove her appendix. In 1975 the daughter, going by her then-married name of Linda Sparkman, learned that she had been sterilized. She sued the judge. The U.S. Supreme Court ruled that the judge could not be sued, because the decision was made in the course of his duties. In that regard, it was irrelevant that the judge's decision may have been contrary to law and morally reprehensible.
Harris v. Harvey (1979)
Main article: Harris v. Harvey (1979)
One significant case where a judge was sued and did not receive immunity is Harris v. Harvey.[20][21] Sylvester Harris, an African-American police lieutenant in Racine, Wisconsin, was attacked in a variety of ways by Judge Richard G. Harvey. Harris sued Harvey because of (a) comments Harvey made to the news media, (b) threatening letters Harvey wrote to city and county officials who attempted to defend Harris, and (c) parties Harvey held for ranking state officials during which he attempted to get Harris removed from law enforcement. The jury concluded that Harvey was not eligible for judicial immunity for these actions, as such acts were not part of the judge's normal duties (i.e. they were "outside his jurisdiction"). The jury awarded Harris $260,000 in damages. Another judge later added $7,500 in legal fees. The United States Court of Appeals for the Seventh Circuit concurred with the jury's decision. Judge Harvey petitioned the Seventh Circuit court for an en banc rehearing, and petitioned to the Supreme Court, both of which were denied. Harris v. Harvey is the first case in the United States where a sitting court judge has been sued and lost in a civil action; it is a binding precedent in the Seventh Circuit and is persuasive authority in the other circuits.[22][23][24]
Supreme Court of Virginia v. Consumers Union (1980)
In Supreme Court of Virginia v. Consumers Union (1980), the U.S. Supreme Court ruled that the Supreme Court of Virginia did not have immunity from being enjoined in its enforcement capacity where state law gave the court independent authority to initiate certain proceedings against attorneys.[25] Consumers Union was hindered in compiling an attorney directory because many attorneys declined to provide information for fear of violating regulations promulgated by the Supreme Court of Virginia. Consumers Union filed a lawsuit in federal court against the Supreme Court of Virginia and others, under 42 U.S.C. § 1983, seeking to have the regulation declared unconstitutional and to enjoin the defendants from enforcing it.[26] The U.S. Supreme Court affirmed the Supreme Court of Virginia's possession of legislative immunity in some cases, however.[27]
Mireles v. Waco (1991)
In the case of Mireles v. Waco (1991),[28] when a defense lawyer failed to appear for a scheduled hearing, the judge not only issued a bench warrant for his arrest, but instructed the police sent to arrest him to "rough him up a little" to teach him not to skip court dates. Although this was entirely unprofessional and possibly criminal, the judge was held, by the Supreme Court, to have absolute immunity from a lawsuit arising from the resulting beating, because the misbehavior occurred entirely within his activities as a judge presiding over a court.
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