Does a judge have absolute immunity against liability in a sexual assault case?

MultiRegion, United States of America

The following excerpt is from McKinney v. Leavitt, 919 F.2d 145 (9th Cir. 1990):

Based upon these allegations, the defendants have absolute immunity against liability. In Ashelman v. Pope, 793 F.2d 1072, 1078 (9th Cir.1986) (en banc), we re-examined judicial and prosecutorial immunity and held that "a conspiracy between judge and prosecutor to predetermine the outcome of a judicial proceeding, while clearly improper, nevertheless does not pierce the immunity extended to judges and prosecutors." We broadly construed judicial immunity and stated that "[a]s long as the judge's ultimate acts are judicial actions taken within the court's subject matter jurisdiction, immunity applies." Id. Thus, the judge in this case is absolutely immune because the allegations, even if true, represent actions taken within the court's jurisdiction.

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