Title
Pullman V Allen SCOTUS RULES Judges can be sued
Case Number
Case No. 82-1432
State or Country
District of Columbia, Virginia
Judges
William J. Brennan, Jr.
Potter Stewart
Byron "Whizzer" Raymond White
Thurgood Marshall
Warren Earl Burger Chief Justice
Lewis F. Powell Jr
William H. Rehnquist
John Paul Stevens
Sandra Day O'Connor
JUSTICE BLACKMUN delivered the opinion of the Court.
This case raises issues concerning the scope of judicial immunity from a civil suit that seeks injunctive and declaratory relief under § 1 of the Civil Rights Act of 1871, as amended, 42 U.S.C. § 1983, and from fee awards made under the Civil Rights Attorney's Fees Awards Act of 1976, 90 Stat. 2641, as amended, 42 U.S.C. § 1988.
Petitioner Gladys Pulliam is a state Magistrate in Culpeper County, Va. Respondents Richmond R. Allen and Jesse W. Nicholson were plaintiffs in a § 1983 action against Pulliam brought in the United States District Court for the Eastern District of Virginia. They claimed that Magistrate Pulliam's practice of imposing bail on persons arrested for nonjailable
Defendant
Richmond Allen and Jesse Nicholson
Plaintiff Attorney
Gerald L. Baliles
Document Links 1 (Scribd et. al)
https://www.oyez.org/cases/1983/82-1432%20
Judges Comments
No. Justice Harry A. Blackmun delivered the opinion of the 5-4 majority. The Court held that the precedent set by British common law relied on the issuance of writs, rather than the imposition of judicial immunity, to protect judicial independence. The United States never had a doctrine of judicial immunity from prospective relief, and there was no evidence that the lack of that protection created a chilling effect on judicial independence. The Court held that there was no reason to assume such immunity was necessary. There was no legislative history to indicate that Congress intended to insulate judges from injunctive relief. The Civil Rights Acts and their interpretations illustrate that Congress intended all state actors to be subject to such remedies to ensure the protection of Fourteenth Amendment rights.
It should be noted Justice Powell is from Virginia and appears to have acted in favor of anything that protected the "Old Boys Network"
Justice Lewis F. Powell, Jr. wrote a dissent where he argued that judicial immunity from all types of relief and damages in civil suits is essential to protect judicial independence. He wrote that the majority’s opinion misinterprets British common law, which does rely on judicial immunity to protect judges from suit arising from a judge acting in her official capacity. He argued that the potential for the awarding of attorneys’ fees greatly increases the risk of harassing litigation because attorneys will recommend such action to clients. Chief Justice Warren E. Burger, Justice William H. Rehnquist, and Justice Sandra Day O’Connor joined in the dissent.