Is a judge immune from liability for non-judicial actions?

MultiRegion, United States of America

The following excerpt is from Bliven v. Hunt, 579 F.3d 204 (2nd Cir. 2009):

Judges are not, however, absolutely "immune from liability for nonjudicial actions, i.e., actions not taken in the judge's judicial capacity." Mireles, 502 U.S. at 11, 112 S.Ct. 286; see also Huminski v. Corsones, 396 F.3d 53, 75 (2d Cir. 2005). In determining whether an act by a judge is "judicial," thereby warranting absolute immunity, we are to take a functional approach, for such "immunity is justified and defined by the functions it protects and serves, not by the person to whom it

[579 F.3d 210]

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