Washington, DC asked in Personal Injury and Constitutional Law for New York

Q: Are Judges liable under 42 USC 1983 if they rely on a legal statute that guarantees an outcome upon conclusion testimony

Silly example, but if a legal statute says that you must pay another person $100 if that other person claims under oath that they are entitled to it, and if the judge defers to this statute and uses it to justify his/her decision and order, could that judge be held liable under 42 USC 1983 for acting outside of their judicial capacity? What would be the underlying and guiding legal principles involved?

1 Lawyer Answer

Peter N. Munsing


A: Judges for the most part have immunity. If they rely on a statute--that is what they are to do, so I'm not seeing the problem.

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