Is a judge immune from civil liability in a civil case?

California, United States of America


The following excerpt is from Grandy v. Fowler, E052843, Super.Ct.No. CIVVS1002611 (Cal. App. 2011):

"However, not all acts by judges are immune from civil liability. '"Immunity exists for 'judicial' actions; those relating to a function normally performed by a judge and where the parties understood they were dealing with the judge in his official capacity. [Citations.]" [Citation.] Thus, the line is drawn "between truly judicial acts, for which immunity is appropriate, and acts that simply happen to have been done by judges. . . . [I]mmunity is justified and defined by the functions it protects and serves, not by the person to whom it attaches." [Citation.]' [Citation.]" (Regan v. Price, supra, 131 Cal.App.4th at pp. 1495-1496.)

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