Linda Kay Sparkman and Leo Sparkman v. Ora E. McFarlin

SWYGERT, Circuit Judge.

The question on appeal is whether a state court judge who ordered the sterilization of a fifteen-year-old girl is judicially immune from liability under the federal civil rights statutes. We hold that the judge acted extrajudicially and that the doctrine of judicial immunity is inapplicable to this case. The district court’s judgment of dismissal of the complaint is reversed.

I

In 1971 defendant Ora E. McFarlin sought a court order to have her fifteen-year-old daughter Linda Sparkman, plaintiff, sterilized. Defendant Warren G. Sunday, an attorney, prepared the “Petition…