Immunity of State Judges Under the Federal Civil Rights Acts: Pierson V. Ray Reconsidered

27 Pages Posted: 9 May 2017

Date Written: 1970

Abstract

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

Kates, Don B., Immunity of State Judges Under the Federal Civil Rights Acts: Pierson V. Ray Reconsidered (1970). Northwestern University Law Review, Vol. 65, No. 4, 1970, Available at SSRN: https://ssrn.com/abstract=2958546 or http://dx.doi.org/10.2139/ssrn.2958546

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