Friday, May 8, 2009

Eleventh Circuit on Judicial Immunity

Today, in Marcus Rogozinski v. Karla R. Spaulding (08-14031), the Eleventh Circuit reaffirmed that "A judge is absolutely immune from suit for actions taken in her judicial capacity, unless she acted in the clear absence of all jurisdiction...Whether a judge’s actions were taken in her judicial capacity depends on whether: “(1) the act complained of constituted a normal judicial function; (2) the events occurred in the judge’s chambers or in open court; (3) the controversy involved a case pending before the judge; and (4) the confrontation arose immediately out of a visit to the judge in [her] judicial capacity.”


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