Judge Stump, a judge of a circuit court in Indiana (a court of general jurisdiction), approved a mothers petition to
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?
The U S Supreme Court with three dissenting justices decided Judge Stump was absolutely …View the full answer
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