SPARKMAN v. McFARLIN

No. 76-1706.

552 F.2d 172 (1977)

Linda Kay SPARKMAN and Leo Sparkman, Plaintiffs-Appellants, v. Ora E. McFARLIN et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 23, 1977.


Attorney(s) appearing for the Case

Richard H. Finley, Kendallville, Ind., for plaintiffs-appellants.

Carl J. Suedhoff, Jr., George E. Fruechtenicht, J. A. Bruggeman, William F. McNagny, Fort Wayne, Ind., for defendants-appellees.

Before SWYGERT and WOOD, Circuit Judges, and EAST, Senior District Judge.


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...

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