Lewis v. Linn

Plaintiff, an attorney, seeks damages from defendant, a municipal judge, for allegedly slanderous statements made by the judge from the bench. Demurrer to the complaint was sustained without leave to amend. Plaintiff appeals from the judgment of dismissal.

Plaintiff contends that neither the general rule of judicial immunity nor the absolute privilege under the law of defamation is available to defendant. The argument is that each is limited to statements made in the course of a proceeding within jurisdiction and in a matter relevant to that proceeding. Here motion and affidavit to disqualify…