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Kurowski v. Krajewski

848 F.2d 767 (1988)

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Kurowski v. Krajewski

United States Court of Appeals for the Seventh Circuit
848 F.2d 767 (1988)

Facts

James Krajewski (defendant), a Republican judge, was authorized to hire and fire public defenders. In 1985, Krajewski fired two Democratic assistant public defenders, Steven Kurowski and David Nicholls (plaintiffs) and replaced them with Republicans. Kurowski and Nicholls sued, arguing that Krajewski had fired them because of their political affiliations in violation of their First Amendment rights. Krajewski claimed that he was immune from civil liability because the law at the time of the firings provided absolute immunity for all of a judge’s actions. After the firings but prior to the trial of the lawsuit, the United States Supreme Court held in Forrester v. White, 484 U.S. 219 (1988) that although judges are absolutely immune from civil liability for their judicial acts, they do not enjoy absolute immunity for their administrative acts. Relying on this precedent, the magistrate who decided the case found that Krajewski was not immune from civil liability. The magistrate held a trial and concluded that the firings had been politically motivated, awarding damages to Kurowski and Nicholls. Krajewski appealed to the United States Court of Appeals for the Seventh Circuit.

Rule of Law

Issue

Holding and Reasoning (Easterbrook, J.)

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