Facts
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 retarded." The petition was granted the same day that it was filed. The judge did not hold a hearing to receive evidence or appoint a lawyer to protect the daughter's interests. The daughter underwent the surgery a week later, having been told that she was to have her appendix removed.
The daughter married two years later. Failing to become pregnant, she learned that she had been sterilized during the 1971 operation. The daughter and her husband sued the judge and others associated with the sterilization in federal district court.
The district court found that the judge was immune from suit. The Seventh Circuit Court of Appeals reversed the decision, holding that the judge had lost his immunity because he failed to observe "elementary principles of due process" when he ordered the sterilization. Finally, in 1978, the U.S. Supreme Court, in a 5-3 decision, reversed the Court of Appeals, announcing a test for deciding when judicial immunity should apply and holding that the judge could not be sued.
Read more about this topic: Stump V. Sparkman
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