Is a prosecutor immune from civil action under Section 1983 of the Civil Code of Civil Procedure?

MultiRegion, United States of America

The following excerpt is from Smith v. Bowman, No. 2:15-cv-1856-EFB P (E.D. Cal. 2017):

509 U.S. 259, 269-70 (1993); Imbler v. Pachtman, 424 U.S. 409, 427, 430-31 (1976) (holding that prosecutors are immune from civil suits for damages under 1983 for initiating prosecutions and presenting cases).

Judges are also absolutely immune from damage actions for judicial acts taken within the jurisdiction of their courts . . . A judge loses absolute immunity only when [the judge] acts in the clear absence of all jurisdiction or performs an act that is not judicial in nature." Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir. 1988) (per curiam).

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