409 F.2d 826 - Stewart v. Minnick — 409 F.2d 826

How this case has been cited

34 federal appellate · 5 district · 2 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Leroy Stewart, in pro. per.

¶2Thomas C. Lynch, Atty. Gen., Wm. E. James, Asst. Atty. Gen., Jack E. Weber, Deputy Atty. Gen., Los Angeles, Cal., for appellees.

¶3Before BARNES, CARTER, and HUPSTEDLER, Circuit Judges.

¶4PER CURIAM:

¶5We affirm the District Court’s order dismissing appellant’s civil rights complaint (42 U.S.C. § 1983).

¶6Appellant 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.

¶7The 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. (Sarelas v. Sheehan (7th Cir. 1965) 353 F.2d 5).

¶8The order is affirmed.