<P> (a) The need to assure that the individual can perform his functions without harassment or intimidation; (b) the presence of safeguards that reduce the need for private damages actions as a means of controlling unconstitutional conduct; (c) insulation from political influence; (d) the importance of precedent; (e) the adversary nature of the process; and (f) the correctability of error on appeal . </P> <P> One of the leading decisions on judicial immunity is Stump v. Sparkman . In 1971, Judge Harold D. Stump granted a mother's petition to have a tubal ligation performed on her 15 - year - old daughter, whom the mother alleged was "somewhat retarded ." The daughter was told that the surgery was to remove her appendix . In 1975 the daughter, going by her then - married name of Linda Sparkman, learned that she had been sterilized . She sued the judge . The U.S. Supreme Court ruled that the judge could not be sued, because the decision was made in the course of his duties . In that regard, it was irrelevant that the judge's decision may have been contrary to law and morally reprehensible . </P> <P> Judges usually, but not always, receive immunity from being sued . One exception where a judge was sued and lost is Harris v. Harvey (1979), Sylvester Harris was an African - American police lieutenant in Racine, Wisconsin, attacked in a variety of ways by Judge Richard G. Harvey . Harris sued Harvey because of (a) comments Harvey made to the news media, (b) threatening letters Harvey wrote to city and county officials who attempted to defend Harris, and (c) parties Harvey held for ranking state officials during which he attempted to get Harris removed from law enforcement . The jury concluded that Harvey was not eligible for judicial immunity for these actions, as such acts which were not part of the judge's normal duties (i.e., were "outside his jurisdiction"). The jury awarded Harris $260,000 damages . Another judge later added $7,500 legal fees . The United States Court of Appeals for the Seventh Circuit concurred with the jury's decision . Judge Harvey petitioned the Seventh Circuit court for an en banc rehearing, which was denied . His petition to the Supreme Court was also denied . Harris v. Harvey is the first case in the United States, where a sitting court judge has been sued and lost in a civil action, it is a binding precedent in the Seventh Circuit and is persuasive authority in the other circuits . </P> <P> Decision of the U.S. Supreme Court that the Supreme Court of Virginia did not have immunity in federal court from being enjoined in its enforcement capacity where state law gave the court independent authority to initiate certain proceedings against attorneys . Consumers Union was hindered from compiling an attorney directory because many attorneys they contacted declined to provide requested information out of fear of violating, and thereafter prosecuted, attorney conduct regulations promulgated by the Supreme Court of Virginia . Consumers Union filed a lawsuit in federal court against the Supreme Court of Virginia and others, under 42 U.S.C. § 1983, seeking to have the regulation declared unconstitutional and to enjoin the defendants from enforcing it . The U.S. Supreme Court affirmed the Supreme Court of Virginia's legislative immunity: </P>

What happens if a supreme court justice goes to jail