NCJ Number
42196
Journal
Case Western Reserve Law Review Volume: 27 Issue: 3 Dated: (SPRING 1977) Pages: 727-770
Date Published
1977
Length
44 pages
Annotation
THIS NOTE REVIEWS THE PRESENT LAW OF ABSOLUTE JUDICIAL IMMUNITY AND PROPOSES A NEW SYSTEM OF QUALIFIED IMMUNITY.
Abstract
QUALIFIED JUDICIAL IMMUNITY IN CIVIL LAW COUNTRIES AND THE ADOPTION OF QUALIFIED IMMUNITY FOR EXECUTIVE AND ADMINISTRATIVE OFFICIALS IN THIS COUNTRY PROVIDE THE ANALYTIC FRAMEWORK USED TO JUSTIFY REFORM SUGGESTIONS. THE FINAL PART OF THE NOTE ANALYZES THE ELEMENTS OF THE PROPOSED ALTERNATIVE SYSTEM. FIRST, THE THREE POTENTIAL FOUNDATIONS FOR THE DVELOPMENT OF JUDICIAL LIABILITY ARE DISCUSSED. THESE ARE THE COMMON LAW CAUSE OF ACTION BASED ON TORT LIABILITY; AN ACTION BASED ON 42 USC, SECTION 1983; AND A DIRECT CONSTITUTIONAL CAUSE OF ACTION. A WORKABLE STANDARD OF LIABILITY IS SUGGESTED, FOLLOWED BY AN ANALYSIS OF THE QUESTION OF WHETHER THE STATE OR THE JUDGE MUST PAY THE DAMAGES.(AUTHOR ABSTRACT) ...EB