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Civil rights Keyed to Jeffries, 5th Ed.
Stump v. Sparkman
Citation:
435 U.S. 349 (1978)Facts
On July 9, 1971, Ora Spitler McFarlin presented a petition to Judge Harold D. Stump requesting permission to have her 15-year-old daughter, Linda Spitler, undergo a tubal ligation. The petition claimed Linda was “somewhat retarded” and had been staying out overnight with older men. Judge Stump approved the petition the same day without giving notice to Linda, holding a hearing, or appointing a guardian ad litem to represent her interests. Linda was subsequently admitted to a hospital, having been told she needed an appendectomy, and instead underwent sterilization. She only discovered the truth two years later after marrying Leo Sparkman when she was unable to conceive. The Sparkmans then filed suit against Judge Stump and others involved, alleging violations of Linda’s constitutional rights and asserting state law claims for assault and battery, medical malpractice, and loss of potential fatherhood.
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