Legal Opinion
Oliva v. Heller
District Court, S.D. New York
Decided August 18, 1987No. 86 Civ. 8082 (MJL)PublishedCited by 10 opinions
1Opinion of the Court
LOWE, District Judge.
The question in this case is whether a judicial law clerk, who performs tasks within the scope of her employment, is protected by the same absolute immunity that has long enabled judges to make principled and independent decisions without fear of consequences.
FACTS
In 1982, plaintiff Vincent Oliva (“Oliva”) was convicted after a jury trial for conspiring to rob a bank and entering a bank with intent to commit larceny. Following his conviction, Judge Eugene H. Nickerson of the United States District Court for the Eastern District of New York sentenced Oliva to two…
2Cases cited17 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Stump v. SparkmanSupreme Court of the United States · 1978
- Butz v. EconomouSupreme Court of the United States · 1978
- Bradley v. FisherSupreme Court of the United States · 1872
- Tenney v. BrandhoveSupreme Court of the United States · 1951
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Vincent Oliva v. Kirby HellerCourt of Appeals for the Second Circuit · 1988
- Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 2003
- Fariello v. CampbellDistrict Court, E.D. New York · 1994
- Gill v. RipleyCourt of Appeals of Maryland · 1999
- Switzer v. CoanCourt of Appeals for the Tenth Circuit · 2001
5 more not listed; retrieve them via the Exa API.