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HARPER v. MERCKLE

No. 79-2335.

638 F.2d 848 (1981)

Jack R. HARPER, Plaintiff-Appellant, v. Arden Mays MERCKLE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied April 7, 1981.

Attorney(s) appearing for the Case

Ted R. Manry, III, Charlie Luckie, Jr., Tampa, Fla., for plaintiff-appellant.

Barry A. Cohen, Richard G. Pippinger, John R. Parkhill, Tampa, Fla., for defendant-appellee.

Before HILL, KRAVITCH and HATCHETT, Circuit Judges.

JAMES C. HILL, Circuit Judge:

Plaintiff Jack R. Harper instituted this civil rights action against Judge Arden Mays Merckle, who was at the time of the alleged violations, a county judge in Hillsborough County, Florida. The case raises vexing problems concerning the scope of judicial immunity from suit under 42 U.S.C. § 1983 (1976). Holding that defendant is not entitled to assert absolute judicial immunity under the unusual facts of this case, and finding errors...

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