Article III Section 1 of the U.S. Constitution states: The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour (emphasis added), and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
In only two circumstances is a judge not immune from liability:
(1) for nonjudicial actions; and
(2) for actions, though judicial in nature, taken in complete absence of all jurisdiction.
Id. at 11-12; Schucker, 846 F. 2d at 1204.
Prosecutorial Immunity applies to the decision to prosecute a particular case; “This immunity covers the knowing use of false testimony at trial, the suppression of exculpatory evidence, and malicious prosecution.”
Milstein v. Cooley, 257 F. 3d 1004, 1008-09 (9th Cir. 2001).
An act done in complete absence of all jurisdiction cannot be a judicial act.
Piper v. Pearson, id., 2…
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