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LOPEZ v. VANDERWATER

No. 79-1904.

620 F.2d 1229 (1980)

Flor LOPEZ, Plaintiff-Appellant, v. William VANDERWATER and Howard Wheeler Gamble, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 1980.

Rehearing Denied July 16, 1980.

Attorney(s) appearing for the Case

Edward Garcia, Mundelein, Ill., for plaintiff-appellant.

Robert E. Davy, Sloan & Connelly, P. C., Chicago, Ill., Wayne F. Weiler, Aurora, Ill., for defendants-appellees.

Before SPRECHER, TONE and WOOD, Circuit Judges.

TONE, Circuit Judge.

This appeal concerns the scope of judicial immunity to be afforded under 42 U.S.C. § 1983 to a judge who engaged in highly irregular conduct. On the night of October 16, 1975, defendant Vanderwater, then an Illinois judge, arrested plaintiff Flor Lopez, caused him to be charged with petty theft, convicted him on the basis of a guilty plea that is alleged to have been forged, and sentenced him to jail for 240 days. Vanderwater accomplished...

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