explaining that a judge’s immunity from § 1983 liability “is overcome in only two sets of circumstances”: (i) “a judge- is not immune from liability for nonjudicial acts, i.e., actions not taken in the judge’s judicial capacity,” and (ii) “a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction”
How later courts described this case
- explaining that a judge’s immunity from § 1983 liability “is overcome in only two sets of circumstances”: (i) “a judge- is not immune from liability for nonjudicial acts, i.e., actions not taken in the judge’s judicial capacity,” and (ii) “a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction”
- holding that judge’s actions in directing police officers to bring before judge an attorney who was in courthouse were not taken in complete “absence of all jurisdiction,” so as to deprive judge of judicial immunity from § 1983 suit, even though judge allegedly directed officers to carry out order with excessive force
- finding that the state court judge’s order to police officers to bring the plaintiff into the courtroom using excessive force would exceed his authority, but was still protected by judicial immunity because ordering the court officer to bring the plaintiff to court “is a function normally performed by a judge”
- holding that judge’s alleged action in directing officers to bring before the court an attorney who was in the courthouse was taken in judge's judicial capacity and, therefore, judge was entitled to absolute immunity even though he allegedly directed officers to carry out the order with excessive force
Written by the judges who cited it.
Later courts went against this
Reported superseded by statute, as recognized in Peters v. Noonan — not on the Supreme Court's list
502 U.S. 9, 11 (1991), superseded on other grounds by statute as recognized in Peters v. Noonan, 871 F. Supp. 2d 218, 226
District Court, W.D. New YorkMay 18, 20127 citing opinionsby statuteother groundsunconfirmed confidenceRead it
The opinion
*14 Justice Stevens,
dissenting.
Judicial immunity attaches only to actions undertaken in a judicial capacity. Forrester v. White, 484 U. S. 219, 227-229 (1988). In determining whether an action is “judicial,” we consider the nature of the act and whether it is a “function normally performed by a judge.” Stump v. Sparkman, 435 U. S. 349, 362 (1978). *
Respondent Howard Waco alleges that petitioner Judge Raymond Míreles ordered police officers “to forcibly and with excessive force seize and bring” respondent into petitioner’s courtroom. App. to Pet. for Cert. B-3, ¶ 7(a). As the Court acknowledges, ordering police officers to use excessive force is “not a ‘function normally performed by a judge.’” Ante, at 12 (quoting Stump v. Sparkman, 435 U. S., at 362 ). The Court nevertheless finds that judicial immunity is applicable because of the action’s “relation to a general function normally performed by a judge.” Ante, at 13.
Accepting the allegations of the complaint as true, as we must in reviewing a motion to dismiss, petitioner issued two commands to the police officers. He ordered them to bring respondent into his courtroom, and he ordered them to commit a battery. The first order was an action taken in a judicial capacity; the second clearly was not. Ordering a battery has no relation to a function normally performed by a judge. If an interval of a minute or two had separated the two orders, it would be undeniable that no immunity would attach to the latter order. The fact that both are alleged to *15 have occurred as part of the same communication does not enlarge the judge’s immunity.
Accordingly, I respectfully dissent.
See also Supreme Court of Va. v. Consumers Union of United States, Inc., 446 U. S. 719, 736-737 (1980) (judge not entitled to judicial immunity when acting in enforcement capacity); cf. Mitchell v. Forsyth, 472 U. S. 511, 520-524 (1985) (Attorney General not absolutely immune when performing “national security,” rather than prosecutorial, function). Moreover, even if the act is “judicial,” judicial immunity does not attach if the judge is acting in the ‘“clear absence of all jurisdiction.’” Stump v. Sparkman, 435 U. S., at 357 (quoting Bradley v. Fisher, 13 Wall. 335, 351 (1872)).