Leroy Stewart v. Vesta Minnick, Official Court Reporter
Leroy STEWART, Appellant, v. Vesta MINNICK, Official Court Reporter, Et Al., Appellees
Opinion
PER CURIAM:
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.
How later courts describe this case
Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.
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(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)
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(court reporter and court clerk are quasi-judicial officers who “are clothed with judicial immunity”)
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(dismissal of civil rights action as against state res judicata)
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(court reporters and clerks of court)
Cited by 35 cases
View all citing references →- U.S. Courts of Appeals18
- Federal District Courts14
- State Highest Courts1
- State Appellate Courts1
- State Attorney General Opinions1
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Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.