Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 3 (1993)

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Cite as: 508 U. S. 429 (1993)

Opinion of the Court

and the appellate process went forward. As a result of the delay in obtaining a transcript, petitioner's appeal was not heard until four years after his conviction. 950 F. 2d 1471, 1472-1473 (CA9 1991); No. C88-260TB (WD Wash., Feb. 16, 1990), pp. 2-3, reprinted in App. 24.

In 1990, the Court of Appeals set aside petitioner's conviction and remanded the case to the District Court to determine whether petitioner's appeal had been prejudiced by the lack of a verbatim transcript, and whether the delay in receiving the transcript violated petitioner's constitutional right to due process. United States v. Antoine, 906 F. 2d 1379 (CA9). The District Court ruled against petitioner on both issues and reinstated his conviction. No. C85-87T (WD Wash., Aug. 21, 1991), reprinted in App. 45. The Court of Appeals then affirmed. 967 F. 2d 592 (CA9 1992) ( judgt. order), reprinted in App. 66.

In the meantime, before the Court of Appeals disposed of his first appeal in 1990, petitioner filed this civil action, seeking damages from Ruggenberg and respondent Byers & Anderson, Inc., the firm that had engaged her pursuant to its contract to provide reporting services to the District Court. Following discovery, the District Court granted summary judgment in favor of respondents on the ground that they were entitled to absolute immunity. Petitioner's pendent state-law claims were dismissed on jurisdictional grounds. No. C88-260TB, supra, reprinted in App. 23.

Without reaching questions of liability or damages, the Court of Appeals affirmed.2 Reasoning that judicial immu-2 In addition to state-law claims, petitioner's complaint had alleged a violation of 42 U. S. C. 1983. Noting that petitioner's state-law claims had been dismissed on jurisdictional grounds, and that 1983 does not provide a basis for suit against federal agents, the Court of Appeals assumed that the complaint alleged facts sufficient to support a federal claim like that recognized in Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 (1971). 950 F. 2d 1471, 1473-1474 (CA9 1991). Because the only question presented by the certiorari petition relates to the absolute immu-

431

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