Judge Stump, a judge of a circuit court in Indiana (a court of general jurisdiction), approved a mothers petition to

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Judge Stump, a judge of a circuit court in Indiana (a court of general jurisdiction), approved a mother’s petition to have her “somewhat retarded” fifteen-year-old daughter sterilized. The judge approved the mother’s petition the same day, without a hearing and without notice to the daughter or appointment of a guardian ad litem. The operation was performed on Linda Sparkman, but she was told that she was having her appendix removed. A few years later, after Sparkman married and discovered that she had been sterilized, she and her husband brought suit against Judge Stump. Should Judge Stump be immune under the circumstances?

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Question Posted: September 15, 2012 07:11:31