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- Title
THE OFFICER HAS NO ROBES: A FORMALIST SOLUTION TO THE EXPANSION OF QUASI-JUDICIAL IMMUNITY.
- Authors
FOROUZAN, SEENA
- Abstract
In 1871, Congress passed the Civil Rights Act. Section 1 is now more commonly known as 42 U.S. C. § 1983, the primary vehicle for constitutional tort litigation. Commonly interpreted against a background of tort principles, federal courts have imported--contrary to the plain language of the law--several immunities. This Comment focuses on one immunity in particular: absolute judicial immunity. Despite the 'judicial" qualifier, absolute judicial immunity has been extended to a great deal of parties who are not judges. Commentators have decried this expansion and criticized lower federal courts for subverting civilrights enforcement, exacerbating a pronounced rights-remedy gap, and departing from Supreme Court decisions that putatively cabin absolute judicial immunity. This Comment focuses on that last critique in particular. Although language in Supreme Court opinions certainly supports restricting absolute judicial immunity, this Comment proposes that the Supreme Court's muddled methodology in this area supports the expansion of absolute judicial immunity. Fidelity to Supreme Court precedent will further expand absolute judicial immunity. This Comment proposes one solution to further the values commentators believe are disserved by the outgrowth of absolute judicial immunity: a formalist regime that clothes only judges with absolute immunity and the rest with qualified immunity.
- Subjects
UNITED States; JUDICIAL immunity; LEGAL status of court personnel; CIVIL rights; CONSTITUTIONAL torts; COMMON law; UNITED States Supreme Court history; LEGAL precedent; LEGAL status of arbitrators; HISTORY; NINETEENTH century; ACTIONS &; defenses (Law); HISTORY of civil rights
- Publication
Emory Law Journal, 2016, Vol 66, Issue 1, p123
- ISSN
0094-4076
- Publication type
Article