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'''Absolute judicial immunity''' is a legal doctrine establishing that a [[judge]] is not liable for monetary damages for acts performed in the exercise of his or her judicial functions. ''[[Stump v. Sparkman]]'', 435 U.S. 349 (1978).  
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'''Absolute judicial immunity''' is a legal doctrine establishing that a [[judge]] is not liable for monetary damages for acts performed in the exercise of his or her judicial functions. ''[[Stump v. Sparkman]]'', 435 U.S. 349 (1978). Judicial immunity is wider than prosecutorial immunity: a Judge is absolutely immune from civil suit so long as he has jurisdiction over the subject matter before him. That jurisdiction was found in ''Stump''.<ref>''Wilkinson v. Ellis,'' 484 F. Supp. 1072, 1084 n.28 (E.D. Pa. 1980).</ref>
    
To determine whether an act is judicial in nature so that immunity would apply, a [[court]] looks to "the nature of the act itself, ''i.e.'', whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether they dealt with the judge in his judicial capacity." ''Stump v. Sparkman'', 435 U.S. at 362.
 
To determine whether an act is judicial in nature so that immunity would apply, a [[court]] looks to "the nature of the act itself, ''i.e.'', whether it is a function normally performed by a judge, and to the expectations of the parties, i.e., whether they dealt with the judge in his judicial capacity." ''Stump v. Sparkman'', 435 U.S. at 362.
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The question of whether a judge acted in excess of his or her authority in making a judicial ruling is a distinct issue from the question of whether a judge acted in the clear absence of jurisdiction. Even if a judge exceeds his or her authority in making a judicial ruling in a particular case, that judge is immune if the case is properly before him or her. ''[[Mireles v. Waco]]'', 502 U.S. 9, 13 (1991). The difference between acting in the absence of jurisdiction and acting in excess of authority is made clear in the following example: "if a probate judge, with jurisdiction over only wills and estates, should try a [[criminal]] case, he would be acting in the clear absence of jurisdiction and would not be immune from liability for his action; on the other hand, if a judge of a criminal court should convict a defendant of a nonexistent crime, he would merely be acting in excess of his jurisdiction and would be immune." ''Stump v. Sparkman'', 435 U.S. at 357 (internal citation omitted).
 
The question of whether a judge acted in excess of his or her authority in making a judicial ruling is a distinct issue from the question of whether a judge acted in the clear absence of jurisdiction. Even if a judge exceeds his or her authority in making a judicial ruling in a particular case, that judge is immune if the case is properly before him or her. ''[[Mireles v. Waco]]'', 502 U.S. 9, 13 (1991). The difference between acting in the absence of jurisdiction and acting in excess of authority is made clear in the following example: "if a probate judge, with jurisdiction over only wills and estates, should try a [[criminal]] case, he would be acting in the clear absence of jurisdiction and would not be immune from liability for his action; on the other hand, if a judge of a criminal court should convict a defendant of a nonexistent crime, he would merely be acting in excess of his jurisdiction and would be immune." ''Stump v. Sparkman'', 435 U.S. at 357 (internal citation omitted).
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== References ==
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<references/>
    
== Sources ==
 
== Sources ==
Anthony, Irenaeus, Siteadmin, apieditor, Bureaucrats, Check users, nsAm_Govt_101RO, nsAm_Govt_101RW, nsAm_Govt_101_ta, nsJudgesRO, nsJudgesRW, nsJudges_talkRO, nsJudges_talkRW, nsTeam2RO, nsTeam2RW, nsTeam2_talkRO, nsTeam2_talkRW, oversight, Administrators
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