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Stump Et Al. v. Sparkman Et Vir

• 1977 • 435 U.S. 349 • Burger Court
In the case of Stump et al. v. Sparkman Et Vir, a mother petitioned for her "somewhat retarded" 15-year-old daughter to be sterilized without the daughter's knowledge or consent, alleging that she was promiscuous and did not understand the consequences of her actions. The judge approved this request without hearing from any medical professionals or notifying the girl in question. Two years later, when married and desiring children, she discovered what had been done to her and sued all parties...Open Case
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Chief Burger Court
Term: 1977
Docket: 76-1750
435 U.S. 349
98 S. Ct. 1099
55 L. Ed. 2d 331
1978 U.S. LEXIS 74
Argued: Jan 10, 1978

Stump Et Al. v. Sparkman Et Vir

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Opinion Summary
AI Abstract

In the case of Stump et al. v. Sparkman Et Vir, a mother petitioned for her "somewhat retarded" 15-year-old daughter to be sterilized without the daughter's knowledge or consent, alleging that she was promiscuous and did not understand the consequences of her actions. The judge approved this request without hearing from any medical professionals or notifying the girl in question. Two years later, when married and desiring children, she discovered what had been done to her and sued all parties involved including Judge Stump who authorized it. The Supreme Court ruled in favor of Judge Stump by a vote of 5-3 on grounds of judicial immunity - an established legal principle protecting judges from personal liability for their official actions even if those actions are alleged to have been made maliciously or corruptly; unless they acted in clear absence of all jurisdiction over subject matter and persons. This controversial decision sparked debate about judicial immunity's scope as well as ethical issues surrounding forced sterilization.

Dissent Summary
AI Abstract

In the dissenting opinion for Stump et al. v. Sparkman Et Vir, Justice Byron White argued that Judge Harold D. Stump should not have been granted judicial immunity because his approval of a petition to sterilize a minor without her knowledge or consent was outside of his jurisdiction and violated her constitutional rights. He believed that such an act was clearly unconstitutional and did not fall within the judge's discretionary powers, thus he should be held accountable for it in court. Furthermore, Justice White contended that granting absolute immunity in this case would set a dangerous precedent by allowing judges to violate individuals' constitutional rights without fear of legal repercussions.

Opinion written by Justice BRWhite
Decided: Mar 28, 1978
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Argued: Oct 05, 2026
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