Can a judge be found to be immune from liability for actions not in his judicial capacity but in the absence of all jurisdiction?

MultiRegion, United States of America

The following excerpt is from Acres Bonusing, Inc. v. Marston, 20-15959 (9th Cir. 2021):

Courts have articulated only two circumstances in which judicial immunity does not apply. "First, a judge is not immune from liability for nonjudicial actions, i.e., actions not taken in the judge's judicial capacity. Second, a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction." Mireles, 502 U.S. at 11-12 (citations omitted). "[W]hether an act by a judge is a 'judicial' one relate[s] to the nature of the act itself, i.e., whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether they dealt with the judge in his judicial capacity." Id. at 12 (quoting Stump v. Sparkman, 435 U.S. 349, 362 (1978)). Because judicial immunity is an immunity from suit and not just from damages, it cannot be "overcome by allegations of bad faith or malice." Id. at 11.

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