Stewart v. Minnick, 22942.
| Decision Date | 06 March 1969 |
| Docket Number | No. 22942.,22942. |
| Citation | Stewart v. Minnick, 409 F.2d 826 (9th Cir. 1969) |
| Parties | Leroy STEWART, Appellant, v. Vesta MINNICK, Official Court Reporter, et al., Appellees. |
| Court | U.S. Court of Appeals — Ninth Circuit |
Leroy Stewart, in pro. per.
Thomas C. Lynch, Atty. Gen., Wm. E. James, Asst. Atty. Gen., Jack E. Weber, Deputy Atty. Gen., Los Angeles, Cal., for appellees.
Before BARNES, CARTER, and HUFSTEDLER, Circuit Judges.
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.(...
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Marty's Adult World of New Britain, Inc. v. Guida
...v. Pachtman, supra note 7, 424 U.S. at 420, 96 S.Ct. 984. McLallen v. Henderson, 492 F.2d 1298, 1300 (8th Cir. 1974); Stewart v. Minnick, 409 F.2d 826 (9th Cir. 1969). 12 See Slotnick v. Slaviskey, 560 F.2d 31 (1st Cir. 1977); Davis v. McAteer, 431 F.2d 81 (8th Cir. 1970) (but see later Eig......
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U.S. v. Howard
...is an officer of the court, 82 C.J.S. Stenographers § 1 (1953); see Dieu v. Norton, 411 F.2d 761 (7th Cir. 1969); Stewart v. Minnick, 409 F.2d 826 (9th Cir. 1969), charged with the duty of maintaining the secrecy of grand jury proceedings, see Fed.R.Crim.P. 6(e). The facts of this case, how......
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Samuel v. Michaud
...cert. denied, 445 U.S. 962, 100 S.Ct. 1648, 64 L.Ed.2d 237 (1980); Shipp v. Todd, 568 F.2d 133, 134 (9th Cir.1978); Stewart v. Minnick, 409 F.2d 826, 826 (9th Cir.1969). However, in recent years, the Supreme Court has distinguished judicial acts to which absolute immunity necessarily attach......
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Williams v. Wood
...denied, 389 U.S. 1057, 88 S.Ct. 811, 19 L.Ed.2d 858 (1968) (in issuing summons under court rule and statute). But see Stewart v. Minnick, 409 F.2d 826 (9th Cir. 1969) (general quasi-judicial immunity). Two district court decisions have afforded absolute immunity to clerks of federal courts.......