Category: Judicial Immunity vs Our Constitutional Rights

For the record, there are no immunity clauses to support judicial immunity in the 14th Amendment. However, the Supreme court said, “certain immunities were so well established in 1871, when Section 1983 was enacted, that “we presume that Congress would have specifically so provided had it wished to abolish them.”46 and judicial immunity had “never… Continue reading Immunity Clauses In the Constitution

In my previous article, we went over the Immunity Clauses In the Constitution. In this article, we will go over the debates legislators had and President Andrew Johnsons opinion on judicial immunity before passing the Civil Rights Act of 1866, now known as 18 U.S.C. § 242. This involves criminal action for deprivation of rights.… Continue reading Debates on Judicial Immunity Before Passing Civil Rights Act of 1866

In my previous article, we talked about criminal consequences for civil rights violations under the Civil Rights Act of 1866, now known as 18 U.S.C. § 242. In today’s article, we will talk about the civil consequences for depravation for civil rights violations under the KKK Act of 1871, now known as 42 U.S.C. §… Continue reading Debates on Judicial Immunity Before Passing the KKK Act of 1871

This is a case that set the precedent for judicial immunity. In this case, Joseph H. Bradley was a lawyer who sued George P. Fisher, a judge. Fisher had disbarred him not only from his court, but from the Supreme Court of the District of Columbia. Bradley argued that Fisher had no right to disbar… Continue reading Bradley v Fisher: The Case That Set the Precedent for Judicial Immunity?