Is there any case law where a judge was found to be immune from prosecution for performing mandatory duties?

California, United States of America


The following excerpt is from Nunn v. State, 137 Cal.App.3d 790, 187 Cal.Rptr. 315 (Cal. App. 1982):

Although not expressly so stated in the statute, appellant contends, and respondents concede, that its immunity encompasses only discretionary activity. Immunity is not provided under this section for the performance of mandatory duties. (Morris v. County of Marin (1977) 18 Cal.3d 901, 916, 136 Cal.Rptr. 251, 559 P.2d 606.)

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