CASSIDY

v.

UNITED STATES

Citator

Cited By

• Salfi v. Laurel K. Ising, 464 So. 2d 687 (Fla. 5th DCA 1985)
  …d the other counsel was simply not necessary here. Judicial immunity is absolute in actions for damages, except when a judge acts in the clear absence of jurisdiction. Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978) reh. den., 436 U.S. 951, 98 S.Ct. 2862, 56 L.Ed.2d 795 (1978); Berry v. State, 400 So. 2d 80 (Fla. 4th DCA 1981) petition den., 411 So. 2d 380 (Fla.1981). Such was not the case here, and although the complaint alleges in con-clusory language only, that “Said acts were comm…
• Henzel v. Gerstein, 608 F.2d 654 (5th Cir. 1979)
  …absolutely immune from § 1983 damage liability for acts within his judicial capacity, but is not [*658] immune when he acts in the absence of all jurisdiction. Stump v. Sparkman, 435 U.S. 349, 356-57, 98 S.Ct. 1099, 55 L.Ed.2d 331, rehearing denied, 436 U.S. 951, 98 S.Ct. 2862, 56 L.Ed.2d 795 (1978). Henzel urges that Judge Turner acted in the absence of jurisdiction since the crime, if committed at all, was committed in New York. This is not the meaning of the “absence of jurisdiction” exception; rather, t…
• United States v. Crews, 781 F.2d 826 (10th Cir. 1986)
  …s court previously has approved of such testimony as long as the witness does not repeat the substance of actual statements defendant made during the competency examination. See United States v. Cassidy, 571 F. 2d 534, 537 (10th Cir.), cert. denied, 436 U.S. 951, 98 S.Ct. 2859, 56 L.Ed.2d 793 (1978). Defendant makes a related objection to the testimony of Dr. Merrell, who examined defendant pursuant to Fed.R. Crim.P. 12.2(c), to determine if he was sane at the time he made the threat. Rule 12.-2(c) provide…