Forrester v. White (484 U.S. 219)

U.S. Supreme Court · decided January 12, 1988 · Supreme Court Database (Spaeth)

Citation
484 U.S. 219 · 108 S. Ct. 538
Decided
January 12, 1988
Term
October Term 1987
Vote
8–0
Majority author
Justice O'Connor
Issue area
Civil Rights
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Liberal

Opinion excerpt

Justice O’Connor delivered the opinion of the Court. This case requires us to decide whether a state-court judge has absolute immunity from a suit for damages under 42 U. S. C. § 1983 for his decision to dismiss a subordinate court employee. The employee, who had been a probation officer, alleged that she was demoted and discharged on account of her sex, in violation of the Equal Protection Clause of the Fourteenth Amendment. We conclude that the judge’s decisions were not judicial acts for which he should be held absolutely immune. I Respondent Howard Lee White served as Circuit Judge of the Seventh Judicial Circuit of the State of Illinois and Presiding Judge of the Circuit Court in Jersey County. Under Illinois law, Judge White had the authority to hire adult probation officers, who were removable in his discretion. 111. Rev. Stat., ch. 38, ¶204-1 (1979). In addition, as designee of the Chief Judge of the Seventh Judicial Circuit, Judge White had the authority to appoint juvenile probation officers to serve at his pleasure. 111. Rev. Stat., ch. 37, ¶706-5 (1979). In April 1977, Judge White hired petitioner Cynthia A. Forrester as an adult and juvenile probation officer. Forrester prepared presentence reports for Judge White in adult offender cases, and recommendations for disposition and placement in juvenile cases. She also supervised persons on probation and recommended…

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