For to long the Judicial community has enjoyed and misused
- It is time for reform - But, we need 100,000 signatures on here to make this happen -
Please ask everyone you know to consider this and support it –
STOP ABSOLUTE JUDICIAL IMMUNITY FOR THE
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JUDICIAL IMMUNITY VS. DUE PROCESS: WHEN SHOULD A JUDGE BE SUBJECT TO SUIT? Robert Craig Waters IntroductionIn the American judicial system, few more serious threats to individual liberty can be imagined than a corrupt judge. Clothed with the power of the state and authorized to pass judgment on the most basic aspects of everyday life, a judge can deprive citizens of liberty and property in complete disregard of the Constitution. The injuries inflicted may be severe and enduring. Yet the recent expansion of a judge-made exception to the landmark Civil Rights Act of1871, chief vehicle for redress of civil rights violations, has rendered state judges immune from suit even for the most bizarre, corrupt, or abusive of judicial acts.’ In the last decade this “doctrine of judicial immunity ”has led to a disturbing series of legal precedents that effectively deny citizens any redress for injuries, embarrassment, and unjust imprisonment caused by errant judges. Consider the following examples.• In 1978, the Supreme Court in Stump v. Sparkman2held that the doctrine forbade a suit against an Indiana judge who had authorized the sterilization of a slightly retarded 15-year-old girl under the guise of an appendectomy. The judge had approved the operation without a hearing when the mother alleged that the girl was promiscuous. After her marriage two years later, the girl discovered she was sterile. Cato Journal, Vol.7, No.2 (Fall1987).Copyright© Cato Institute.
All rights reserved. The author is Judicial Clerk to Justice Rosemary Barkett of the Florida Supreme Court.‘The doctrine of judicial immunity from federal civil rights suits dates only from the1967 Supreme Court decision in Pierson v. Ray, 386 U.S. 547 (1967), which found a Mississippi justice of the peace immune from a civil rights suit when he tried to enforce illegal segregation laws. Until this time, several courts had concluded that Congress never intended to immunize state-court judges from federal civil rights suits. See, for example, McShane v. Moldovan, 172 F.2d 1016 (6thCir. 1949).2435 U.S. 349 (1978).46
This petition closed almost 2 years ago
We are all helping each other with causes - Most of the Causes are personal and help our Cases - This Cause Helps all of us - and the Future us. We need to take Absolute Judicial Immunity off...
We are all helping each other with causes - Most of the Causes are personal and help our Cases - This Cause Helps all of us - and the Future us. We need to take Absolute Judicial Immunity off the table to hold the Judicial Community responsible for their actions - So the intimidation will stop! Please sign and recruit as many people as you can - with 100,000 signatures the White House will have to look at it - Thank you for your help