Gross v. State
of Illinois, 312 F 2d 257; (1963).
"State officials acting in their
official capacities, even if in abuse
of their lawful authority , generally
are held to act "under color"
of law. This is because such officials
are " clothed with the authority"
of state law, which gives them power
to perpetrate the very wrongs that
Congress intended Section 1983 to
prevent. " Ex parte Virginia,
100 U.S. 339, 346-347 |
"It is not
a judicial function for judge to commit
intentional tort, even though tort
occurs in courthouse." Yates
v.
Village of Hoffman Estates, Illinois,
209 F.Supp. 757
"Law requires not only impartial
tribunal, but that tribunal appears
to be impartial." 28 U.S.C.A.
455.
In Re Tip-PaHands Enterprises, Inc.,
27 B.R. 780 (U.S.
Bankruptcy Ct.)
----------
"Governmental immunity is not
a defense under (42 USC
1983) making liable
every person who under color of state
law deprives another person of his
civil rights."
Westberry v. Fisher, 309
F.Supp. 95 (District Ct.- of Maine
- 1970 "Judicial immunity is
no defense to a judge acting in the
clear absence of jurisdiction."
Bradley v. Fisher, U.S. 13 Wall. 335
(1871)
-----------
"Government immunity violates
the common law maxim that everyone
shall have remedy for an injury done
to his person or property." Fireman's
Ins. Co. of Newark, N.J. v.
Washburn County, 2 Wis.2d
214, 85 N.W.2d 840 (1957)
--------
Immunity fosters neglect and breeds
irresponsibility, while liability
promotes care and caution, which caution
and care is owed by the government
to its people." Rabon v. Rowen
Memorial Hosp., Inc. 269 NSI. 13,
152 S.E.2d 485, 493 (`1967) |