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Stewart v. Minnick

United States Court of Appeals, Ninth Circuit
Mar 6, 1969
409 F.2d 826 (9th Cir. 1969)

Summary

holding that court reporter's and court clerk's refusal to furnish plaintiff with a portion of state criminal trial transcript were acts performed in their capacities as quasi-judicial officers, which clothed them with judicial immunity

Summary of this case from Tyler v. Jeanine

Opinion

No. 22942.

March 6, 1969.

Leroy Stewart, in pro. per.

Thomas C. Lynch, Atty. Gen., Wm. E. James, Asst. Atty. Gen., Jack E. Weber, Deputy Atty. Gen., Los Angeles, Cal., for appellees.

Before BARNES, CARTER, and HUFSTEDLER, Circuit Judges.


We affirm the District Court's order dismissing appellant's civil rights complaint ( 42 U.S.C. § 1983).

Appellant sued the State of California, a court reporter, and a court clerk, complaining that the appellees refused to furnish him with that portion of his state criminal trial transcript containing the prosecutor's closing argument to the jury.

The State is not amenable to suit under the civil rights statute (Williford v. People of California (9th Cir. 1965) 352 F.2d 474); the acts charged to the individual appellees were acts performed in their capacity as quasi-judicial officers and they are clothed with judicial immunity ( Cf. Peckham v. Scanlon (7th Cir. 1957) 241 F.2d 761); and the action was barred by res judicata in that appellant's prior civil rights complaint including the same grievance was dismissed and this court denied leave to appeal in forma pauperis on the ground that the appeal was frivolous. (Sarelas v. Sheehan (7th Cir. 1965) 353 F.2d 5).

The order is affirmed.


Summaries of

Stewart v. Minnick

United States Court of Appeals, Ninth Circuit
Mar 6, 1969
409 F.2d 826 (9th Cir. 1969)

holding that court reporter's and court clerk's refusal to furnish plaintiff with a portion of state criminal trial transcript were acts performed in their capacities as quasi-judicial officers, which clothed them with judicial immunity

Summary of this case from Tyler v. Jeanine

holding that quasi-judicial immunity shielded court clerk from suit arising out of his refusal to provide litigant with a portion of the trial transcript

Summary of this case from Bey v. New York

holding that court reporter's and court clerk's refusal to furnish plaintiff with a portion of state criminal trial transcript were acts performed in their capacities as quasi-judicial officers, which clothed them with judicial immunity

Summary of this case from Bickel v. Disantis

In Stewart v. Minnick, 409 F.2d 826 (9th Cir. 1969), it was held that a court clerk and reporter were clothed with judicial immunity in a suit alleging that the officers refused to furnish plaintiff with a portion of the state criminal trial transcript.

Summary of this case from Davis v. McAteer
Case details for

Stewart v. Minnick

Case Details

Full title:Leroy STEWART, Appellant, v. Vesta MINNICK, Official Court Reporter, et…

Court:United States Court of Appeals, Ninth Circuit

Date published: Mar 6, 1969

Citations

409 F.2d 826 (9th Cir. 1969)

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