NO JUDICIAL OFFICIAL IS IMMUNE IF THEY BREAK THEIR {OATH OF OFFICE} UNDER TITLE 18 U.S.C 2381,CANNON # 7

” the relevant cases  that the factors determining whether an act by a judge is a “judicial” one relate to the nature of the act it self, i.e, whether it is a function normally performed by a judge, and the expectations of the parties,i.e, whether they dealt with the judge in his judicial capacity.”435 U.S 349,362 { emphasis added}.

some defendants urge that any acts “of a judicial nature” entitles the judge to absolute judicial immunity.But in a jurisdiction vaccum,{that is, absence of all jurisdiction}the second prong necessary to absolute judicial immunity is missing. Stump v.Sparkman,id.,435 U.S. 349.

Where there is no jurisdiction,there can be no discretion,for discretion is incident to jurisdiction. Piper v. Pearson,2 Gray 120,cited in Bradley v.Fisher,13 Wall. 335,20 L.ED. 646 {1872}

A judge must be acting within his jurisdiction as to subject matter and person,to be entitled to immunity from a civil action for his acts.Davis v. Burris, 51 Ariz.220,75 p.2nd 689 {1938}.

No man in this country is so high that he is above the law.No officer of the law may set that law at defiance with impunity.All the officers of the government from the highest to the lowest , are creatures of the law, and are bound to obey it.United States v. Lee, 106 U.S 196,220,1S.CT.240, 27 L.ED. 171 {1882
Buckles v. King County 191 F.3D 1127,*1133{C.A.9{WASH.},1999
Purpose of statute that mandated any person who under the color of law subjected another person to deprivation of his constitutional right’s would be liable to the injured party in an action at law was not to abolish immunities that were available at common law,but to ensure that federal courts would have jurisdiction of constitutional claims against state officials.
Act March 3rd ,1875, 18 Stat. 470.
Butz v. Economou 438 U.S. 478, 98 S.Ct. 2894{U.S.N.Y,1978}

 


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