Does a probation officer preparing a sentencing report for a state court judge have absolute judicial immunity from a personal injury claim brought under section 1983 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from Oregon State v. Allen, 979 F.2d 855 (9th Cir. 1992):
In light of the greater latitude we afford the pleadings of parties proceeding pro se, we also consider appellant's complaint as if it named only appellee Price in her individual capacity. In Demoran v. Witt, 781 F.2d 155 (9th Cir.1986), we noted that "probation officers preparing presentencing reports for state court judges are entitled to absolute judicial immunity from personal damage actions brought under section 1983." Id. at 158. That is the situation now before us.
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