The following excerpt is from Lucore v. Bowie, CASE NO. 12-CV-1288 BEN (WVG) (S.D. Cal. 2012):
"[A] judicial officer, in exercising the authority vested in him, [should] be free to act upon his own convictions, without apprehension of personal consequences to himself." Stump v. Sparkman, 435 U.S. 349, 355 (1978) (internal quotation marks omitted). Consequently, "judges of courts of superior or general jurisdiction are not liable to civil actions for their judicial acts, even when such acts ... are alleged to have been done maliciously or corruptly." Id. at 355-56 (internal quotation marks omitted). "A judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather, he will be subject to liability only when he has
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acted in the clear absence of all jurisdiction."1 Id. at 356-57 (internal quotation marks omitted).
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