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This section contains the nature of the case and procedural background.

McFarlin, the mother of Linda Sparkman, presented a petition to Judge Stump to have a tubal ligation performed on her daughter, Linda. Linda was alleged to be somewhat retarded and at 15 years of age was in the process of associating with older men and had stayed out with them all night long on several occasions. The mother thought it would be in the best interests if Linda underwent a tubal ligation to avoid unfortunate circumstances. The petition was approved by Judge Stump. The next day a tubal ligation was performed, and Linda was released several days later unaware of the true nature of her surgery. Linda got married to Sparkman and then discovered the operation, as she was unable to get pregnant. Sparkman (P) filed this suit against McFarlin, her attorney, Judge Stump and the doctors who performed and assisted in the operation. The suit was dismissed for want of state action in that the only state action was the judge's ruling and he was immune from suit. P appealed. The court of appeals ruled that the Judge did not have jurisdiction to authorize a petition to sterilize Linda.

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