“Although it could be inferred from a combined reading of Ex parte Virginia, Screws, Littleton, and Lanier that judges can be held criminally liable for judicial acts that deprive another of his or her clearly established civil rights, there does not appear to be any controlling cases explicitly establishing that. Only Chaplin, which granted a judge criminal immunity, seems to be directly on point, but Chaplin is not binding. Nor is Chaplin indicative of the direction the Supreme Court would likely rule, given the Littleton Court’s assertion that criminal prosecution under § 242 is a viable and superior alternative to civil liability.”

Source: Timothy M. Stengel. “Absolute Judicial Immunity Makes Absolutely No Sense. An Argument For An Exception To Judicial Immunity.” 84 Temple Law Review 1071, 1089. 2012.


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