Wednesday, December 16, 2009

Judicial Immunity

Judicial Immunity: "Instead of the abstract and ambiguous factors used in Stump to determine the existence of immunity, the courts should use a simpler inquiry founded on the fundamental principles embodied in the due process clause. To preserve the integrity of the judicial process, the courts always should presume that a trial court properly exercised its jurisdiction. But they should permit a plaintiff to overcome this presumption by showing that the judge acted with actual malice, consisting of a knowing or reckless disregard of due process. Specifically, if the court is to enjoy immunity, it must afford three things—notice, a chance to be heard, and a method of appeal. Then, and only then, would an irrebuttable presumption of immunity exist requiring dismissal of any subsequent suit against the judge"

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http://docs.google.com/Doc?id=dc9c3grn_3099gg8gwfdp
Phil Reddish telling on him self

http://riversidecountyhomicide.blogspot.com/2009/04/yagman-on-calif-supreme-court-us-judges.html?showComment=1240593360000