FEDERAL COURTS - CIVIL RIGHTS ACTS - DISCRIMINATORY STATE JUDICIAL AND PROSECUTORIAL CONDUCT MAY BE ENJOINED IN CLASS ACTIONS BROUGHT IN FEDERAL DISTRICT COURT PURSUANT TO THE CIVIL RIGHTS STATUTES

• NCJ Number: 11916
• Journal: George Washington Law Review Volume: 41 Issue: 5 Dated: (JULY 1973) Pages: 1086-1102
• Author(s): J L LAZAR
• Date Published: 1973
• Length: 17 pages
• Corporate Author: George Washington University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF A RECENT JUDICIAL DECISION AFFIRMING THE USE OF INJUNCTIONS TO REQUIRE ACTION BY THE JUDGE AND THE PROSECUTOR UNDER CIVIL RIGHTS LAWS.

Abstract

THE AUTHOR CONTENDS THAT THE SEVENTH CIRCUIT ERRED IN LIMITING THE IMMUNITY OF STATE COURT JUDGES, SINCE ADEQUATE ALTERNATE STATE REMEDIES ARE AVAILABLE, AND SINCE THE POSSIBILITY OF HARM TO THE JUDICIARY RESULTING FROM SUCH A LIMITATION HAS BEEN EMPHASIZED BY THE SUPREME COURT. THE COURT'S DECISION TO ALLOW INJUNCTIVE RELIEF AGAINST A STATE PROSECUTING ATTORNEY, HOWEVER, WAS CORRECT. THE ALTERNATE REMEDIES AVAILABLE TO VICTIMS OF CRIME WHEN THE PROSECUTOR FAILS TO ACT ARE INADEQUATE. BY ENCOURAGING THE DISTRICT COURT TO FASHION PROSPECTIVE INJUNCTIVE RELIEF IN APPROPRIATE CIRCUMSTANCES, THE SEVENTH CIRCUIT HAS GUARANTEED THAT RESPONSIBILITY FOR OPERATION OF A STATE PROSECUTOR'S OFFICE WILL NOT FALL TO THE FEDERAL COURTS. (AUTHOR ABSTRACT)