Does a judge have immunity from prosecution where he acts in the clear absence of all jurisdiction?

MultiRegion, United States of America

The following excerpt is from Houghton v. Osborne, 834 F.2d 745 (9th Cir. 1987):

This immunity is not absolute. Id. "A judge lacks immunity where he acts in the 'clear absence of all jurisdiction', ... or performs an act that is not 'judicial' in nature." Id. (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 351, 20 L.Ed. 646 (1872) and Stump v. Sparkman, 435 U.S. 349, 360, 98 S.Ct. 1099, 1106, 55 L.Ed.2d 331 (1978)). In deciding whether an act is judicial, the court must determine whether the challenged conduct is a function which a judge normally performs and whether the parties dealt with the judge in his judicial capacity. Id. "As long as the judge's ultimate acts are judicial actions taken within the court's subject matter jurisdiction, immunity applies." Id. at 1078.

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