Alvarez v. Snyder

Saxe, J. (concurring).

I concur in the conclusion that this 42 USC § 1983 action must be dismissed as against defendant Judge and her agent, based upon judicial immunity, since it cannot be concluded that the Judge acted in the clear absence of all jurisdiction. “A judge will not be deprived of immunity because the action he took was in error * * * or was in excess of his authority; rather, he will be subject to liability only when he has acted in the ‘clear absence of all jurisdiction’ ” (Stump v Sparkman, 435 US 349, 356-357, quoting Bradley v Fisher, 13 Wall [80 US] 335, 351).

*39There is an…