Stump v. Sparkman
Supreme Court of the United States
1Opinion of the CourtJustice White
This case requires us to consider the scope of a judge’s immunity from damages liability when sued under 42 U. S. C. 1 1983.
I
The relevant facts underlying respondents’ suit are not in dispute. On July 9, 1971, Ora Spitler McFarlin, the mother of respondent Linda Kay Spitler Sparkman, presented to Judge Harold D. Stump of the Circuit Court of DeKalb County, Ind., a document captioned “Petition To Have Tubal Ligation Performed On Minor and Indemnity Agreement.” The document had been drafted by her attorney, a petitioner here. In this petition Mrs. McFarlin stated under oath that her daughter…
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