Is a judge who acts in excess of his jurisdiction immune from a claim for damages?

MultiRegion, United States of America

The following excerpt is from Giannini v. Rosenberg, No. 2:16-cv-3003 TLN DB PS (E.D. Cal. 2017):

alleged to have been done maliciously or corruptly."); Wagenknecht v. U.S., 533 F.3d 412, 418 fn.5 (6th Cir. 2008) ("A judge who acts in excess of his jurisdiction is immune from suit, whereas a judge who acts in a clear absence of any jurisdiction might not be immune from suit."); Wolfe v. Strankman, 392 F.3d 358, 366 (9th Cir. 2004) ( 1983 grants "judicial immunity from suit for injunctive relief for acts taken in a judicial capacity").

Accordingly, plaintiffs' complaint should be dismissed for failure to state a claim upon which relief can be granted.

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