Judicial immunity is not absolute

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Judicial immunity is not absolute

Postby bergmanmd1 » Fri Jan 16, 2009 9:05 am

"A judge acting in his judicial capacity is absolutely immune from civil rights suits unless the judge acts clearly without any colorable claim of jurisdiction." Snell v. Turner, 920 F.2d 673, 686 (10th Cir.1990), cert. denied, 111 S.Ct. 1622 (1991); see also Stump v. Sparkman, 435 U.S. 349, 355-56 (1978); Mee v. Ortega, No. 90-1288, 1992 U.S.App. LEXIS 13892 at * 7 (10th Cir. June 18, 1992). That immunity does not dissolve when the judge is accused of acting maliciously or corruptly. Pierson v. Ray, 386 U.S. 547, 554 (1967); Christensen v. Ward, 916 F.2d 1462, 1473 (10th Cir.), cert. denied, 111 S.Ct. 559 (1990). There is no argument that the judges involved here acted without jurisdiction.

In other words, if the act is not legal, then the judge is not immune.
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