Difference between revisions of "Quasi-judicial immunity"
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| − | '''Quasi-judicial immunity''' extends [[judicial immunity]] to persons who are integral parts of the judicial process, such as | + | '''Quasi-judicial immunity''' extends [[judicial immunity]] to persons who are integral parts of the judicial process, such as [[prosecutor]]s, court-appointed mediators and others lawfully acting or assisting in a judicial role. |
| − | It is an unsettled question whether equitable relief may be granted under [[Section 1983]] despite "quasi-judicial" immunity. Compare, e.g., ''Law Students Civil Rights Research Council v. Wadmond'', 299 F. Supp. 117, 123 (S.D.N.Y. 1969) (three-judge court), ''aff'd on other grounds'', 401 U.S. 154, 27 L. Ed. 2d 749, 91 S. Ct. 720 (1971) (Friendly, J.) ("We fail to perceive what interest would be served by holding federal courts to be powerless to enjoin state officers [from violating | + | It is an unsettled question whether equitable relief may be granted under [[Section 1983]] despite "quasi-judicial" immunity. Compare, e.g., ''[[Law Students Civil Rights Research Council v. Wadmond]]'', 299 F. Supp. 117, 123 (S.D.N.Y. 1969) (three-judge court), ''aff'd on other grounds'', 401 U.S. 154, 27 L. Ed. 2d 749, 91 S. Ct. 720 (1971) (Friendly, J.) ("We fail to perceive what interest would be served by holding federal courts to be powerless to enjoin state officers [from violating [[plaintiff]]s' [[civil rights]]] simply because some of them are robed and others have been appointed by these who are.") with ''[[Conover v. Montemuro]]'', 477 F.2d 1073, 1094 (3d Cir. 1973) (on rehearing en banc) (Adams, J.) (expressly reserving the question "whether the Montemuro, 477 F.2d 1073, 1094 (3d Cir. 1973) (on rehearing en judicial immunity doctrine is an absolute bar, a partial bar, or no bar at all in § 1983 suits for injunctive relief against state court judges"). |
| − | Note that "injunctive relief looks to the future." Dombrowski v. Pfister, 380 U.S. 479, 485, 14 L. Ed. 2d 22, 85 S. Ct. 1116 (1965). In determining whether an applicant for injunctive relief has sufficiently demonstrated a threat of future harm, moreover, a court should bear in mind that such relief | + | Note that "injunctive relief looks to the future." [[Dombrowski v. Pfister]], 380 U.S. 479, 485, 14 L. Ed. 2d 22, 85 S. Ct. 1116 (1965). In determining whether an applicant for injunctive relief has sufficiently demonstrated a threat of future harm, moreover, a court should bear in mind that such relief |
:"may be unleashed only against conditions generating a presently existing actual threat; it may not be used simply to eliminate a possibility of a remote future injury, or a future invasion of rights ...." | :"may be unleashed only against conditions generating a presently existing actual threat; it may not be used simply to eliminate a possibility of a remote future injury, or a future invasion of rights ...." | ||
| − | ''Holiday Inns of America, Inc. v. B & B Corp.'', 409 F.2d 614, 618 (3d Cir. 1969). | + | ''[[Holiday Inns of America, Inc. v. B & B Corp]].'', 409 F.2d 614, 618 (3d Cir. 1969). |
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[[category:Judicial Immunity]] | [[category:Judicial Immunity]] | ||
Revision as of 02:28, January 14, 2008
Quasi-judicial immunity extends judicial immunity to persons who are integral parts of the judicial process, such as prosecutors, court-appointed mediators and others lawfully acting or assisting in a judicial role.
It is an unsettled question whether equitable relief may be granted under Section 1983 despite "quasi-judicial" immunity. Compare, e.g., Law Students Civil Rights Research Council v. Wadmond, 299 F. Supp. 117, 123 (S.D.N.Y. 1969) (three-judge court), aff'd on other grounds, 401 U.S. 154, 27 L. Ed. 2d 749, 91 S. Ct. 720 (1971) (Friendly, J.) ("We fail to perceive what interest would be served by holding federal courts to be powerless to enjoin state officers [from violating plaintiffs' civil rights] simply because some of them are robed and others have been appointed by these who are.") with Conover v. Montemuro, 477 F.2d 1073, 1094 (3d Cir. 1973) (on rehearing en banc) (Adams, J.) (expressly reserving the question "whether the Montemuro, 477 F.2d 1073, 1094 (3d Cir. 1973) (on rehearing en judicial immunity doctrine is an absolute bar, a partial bar, or no bar at all in § 1983 suits for injunctive relief against state court judges").
Note that "injunctive relief looks to the future." Dombrowski v. Pfister, 380 U.S. 479, 485, 14 L. Ed. 2d 22, 85 S. Ct. 1116 (1965). In determining whether an applicant for injunctive relief has sufficiently demonstrated a threat of future harm, moreover, a court should bear in mind that such relief
- "may be unleashed only against conditions generating a presently existing actual threat; it may not be used simply to eliminate a possibility of a remote future injury, or a future invasion of rights ...."
Holiday Inns of America, Inc. v. B & B Corp., 409 F.2d 614, 618 (3d Cir. 1969).