Immunity of State Judges Under the Federal Civil Rights Acts: Pierson V. Ray Reconsidered
27 Pages Posted: 9 May 2017
Date Written: 1970
This article discusses the Supreme Court’s 1967 decision in Pierson v. Ray which ruled that state court judges are immune from 42 U.S. C. § 1983 damage actions. The article asserts that the Supreme Court’s finding that Congress did not intend to abrogate judicial immunity is erroneous since the implementing Act was directed primarily at state judicial behavior.
Keywords: immunity, state law, federalism
JEL Classification: k10
Suggested Citation: Suggested Citation