The following excerpt is from Burton v. Infinity Capital Mgmt., 753 F.3d 954 (9th Cir. 2014):
The reasoning underlying these cases is directly applicable to this case; i.e., the fundamental unfairness of holding liable those who carry out the orders of judges when the judges themselves are absolutely immune. See Green v. Maraio, 722 F.2d 1013, 1019 (2d Cir.1983) ([I]t would be manifestly unfair to allow Maraio to be subjected to liability when she was acting within the scope of the judge's instructions and was simply acting as an arm of the court in compliance with the exercise of his judicial authority.) (emphasis omitted). Similarly, declining to extend immunity to Gugino is fundamentally unfair when Judge Israel himself enjoys immunity.
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