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Harris v. Harvey (1979)
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Harris v. Harvey 605 F.2d 330 (7th Cir. 1979) was a landmark decision on judicial immunity, brought under the Civil Rights Act (42 U.S.C. § 1983). In it, the United States court of appeals for the Seventh Circuit ruled that intentional acts of public defamation inspired by racial prejudice are not judicial functions, thus establishing that neither judicial or prosecutorial immunity protects a judge who uses the power of their state office to engage in such acts.[1][2] It has been cited as the first case in the United States where a sitting court judge was sued and lost in a civil action.[3][4][5] As decision of the Seventh Circuit, the case is binding precedent in Illinois, Indiana, and Wisconsin, and has been used as persuasive authority in other appellate and district courts.[6]
Harris v. Harvey | |
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Court | United States Court of Appeals for the Seventh Circuit |
Full case name | Slyvester Harris v. Richard G. Harvey, Jr. |
Decided | August 20, 1979 |
Citation | 605 F. 2d 230 (7th Cir. 1979) |
Court membership | |
Judges sitting | Thomas E. Fairchild, Walter J. Cummings, Jr., William J. Campbell |
Case opinions | |
Decision by | Cummings, joined by unanimous |