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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- ANTOINE v. BYERS & ANDERSON, INC., et al.
- certiorari to the united states court of appeals for
- the ninth circuit
- No. 91-7604. Argued March 30, 1993-Decided June 7, 1993
-
- Petitioner's appeal from a federal-court bank robbery conviction was
- delayed four years because respondent court reporter failed to
- provide a trial transcript. In his civil damages action against
- respondent and her former employer, also a respondent here, the
- Federal District Court granted summary judgment in respondents'
- favor on the ground that court reporters are entitled to absolute
- immunity. The Court of Appeals affirmed.
- Held: A court reporter is not absolutely immune from damages liability
- for failing to produce a transcript of a federal criminal trial.
- Respondents bear the burden of establishing the justification for the
- absolute immunity they claim, which depends on the immunity
- historically accorded officials like them at common law and the
- interests behind it, Butz v. Economou, 438 U. S. 478, 508. Since court
- reporters were not among the class of person protected by judicial
- immunity in the 19th century, respondents suggest that common-law
- judges, who made handwritten notes during trials, be treated as their
- historical counterparts. However, the functions of the two types of
- notetakers are significantly different, since court reporters are
- charged by statute with producing a ``verbatim'' transcript for
- inclusion in the official record, while common-law judges exercise
- discretion and judgment in deciding exactly what and how much they
- will write. Moreover, were a common-law judge to perform a
- reporter's function, she might well be acting in an administrative
- capacity, for which there is no absolute immunity. Forrester v. White,
- 484 U. S. 219, 229. Because their job requires no discretionary
- judgment, court reporters are not entitled to immunity as part of the
- judicial function. See Imbler v. Pachtman, 424 U. S. 409, 423, n. 20.
- Pp. 3-9.
- 950 F. 2d 1472, reversed and remanded.
- Stevens, J., delivered the opinion for a unanimous Court.
-