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Icon-UpArrow "Judicial Immunity"


the immunity of a judge from civil liability for any acts performed in the judge's official capacity. The immunity is absolute provided only that the judge is acting within his or her jurisdiction. The scope of the judge's jurisdiction must be construed broadly to protect the court's independence; therefore, the judge will not be deprived of immunity because the action taken was in error, was done maliciously, or was in excess of the judge's authority; rather, the judge will be subject to liabilty only when the action taken was in clear absence of all jurisdiction. Where the relief sought is injunctive or declaratory and not money damages, immunity is not provided under the Civil Rights Act of 1964 and state courts may be sued for such relief. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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