· 6/1/1981
Harold T. Tarter v. James Hury
Citations
- 646 F.2d 1010
- 1981 U.S. App. LEXIS 12733
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, as to claims for injunctive relief, prosecutors do not enjoy absolute immunity and court clerks enjoy no immunity whatsoever
- holding that an injunction against excessive bail was barred by O’Shea, but that an injunction requiring clerks to file and docket all pro se motions was a “simple, nondiscretionary procedural safeguard” that would not be excessively intrusive
- concluding that “nondiscretionary procedural safeguard[s]” did not interfere with a criminal proceeding
- dismissing a complaint for failure to state a claim because “[a]s long as a criminal defendant is represented by counsel, he will be able to present matters for decision to the court through motions filed by his attorney.”
- dismissing a complaint for failure to state a claim because “[a]s long as a criminal defendant is represented by counsel, he will be able to present matters for decision to the court through motions filed by his attorney.”
- “An injunction against excessive bail, no matter how carefully limited, would require a federal court to reevaluate de novo each challenged bail decision.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Brown, Wisdom, Randall
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.