What is the test for judicial immunity in the context of executive officer immunity?

California, United States of America


The following excerpt is from Goad v. Ervin, E033593 (Cal. App. 11/21/2003), E033593. (Cal. App. 2003):

"As noted above, courts look at the nature of the challenged act which a judge has performed to determine if it is truly judicial and therefore deserving of judicial immunity. So also, in determining whether a person is acting in a quasi-judicial fashion, the courts look at `the nature of the duty performed [to determine] whether it is a judicial actnot the name or classification of the officer who performs it, and many who are properly classified as executive officers are invested with limited judicial powers.' [Citation.]" (Howard v. Drapkin, supra, 222 Cal.App.3d 843, 852-853, fn. omitted.)

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