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Family Law Keyed to Wadlington
Stump v. Sparkman
Citation:
435 U.S. 349Facts
Respondent’s mother presented to Judge Stump a “Petition to Have Tubal Ligation Performed On Minor,” stating under her oath that her daughter was 15 years old and had mental and behavioral issues and as a result, it would be in her best interest to undergo a tubal ligation. The judge approved the petition. A week later, respondent entered the hospital, having been told she was to have her appendix removed. The following day a tubal ligation was performed on her and she was released several days later, unaware of the nature of the surgery she had undergone. She did not discover that she had been sterilized until two years later, when she realized she was unable to get pregnant. She filed suit against various entities, including Judge Stump. The district court held that Judge Stump was absolutely immune from suit under the doctrine of judicial immunity.
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