“‘[T]he era of Bradley v. Fisher was also the era of Reconstruction,’ and with the end of the Civil War, America began attempting to protect civil rights through specific legislation. Since the advent of civil rights legislation, those acting ‘under color of law’ face both criminal and civil liability for depriving another of constitutionally guaranteed rights. Thus, as the test for absolute judicial immunity developed, the Supreme Court had to determine what, if any, effect civil rights legislation would have on the immunity enjoyed by the judiciary.”

Source: Timothy M. Stengel. “Absolute Judicial Immunity Makes Absolutely No Sense. An Argument For An Exception To Judicial Immunity.” 84 Temple Law Review 1071, 1082-1083. 2012.

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