Absolute Immunity
Complete protection from § 1983 liability for judges, prosecutors, and legislators acting within their roles — no exceptions.
What It Is
Absolute immunity provides complete protection from civil liability under § 1983 for certain government officials performing specific functions. Unlike qualified immunity, absolute immunity can’t be overcome — no matter how egregious the conduct.
Who Gets It
- Judges: For judicial acts performed within their jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978). A judge who signs an unconstitutional sterilization order? Absolutely immune.
- Prosecutors: For acts “intimately associated with the judicial phase of the criminal process” — deciding to prosecute, presenting evidence, arguing in court. Imbler v. Pachtman, 424 U.S. 409 (1976).
- Legislators: For legislative acts. Bogan v. Scott-Harris, 523 U.S. 44 (1998).
- Witnesses: For testimony given under oath in judicial proceedings. Briscoe v. LaHue, 460 U.S. 325 (1983).
The Limits
Absolute immunity is functional, not personal. It protects the function, not the person:
- A prosecutor investigating a case (police-type function) gets only qualified immunity, not absolute. Buckley v. Fitzsimmons, 509 U.S. 259 (1993).
- A judge acting in an administrative capacity (hiring/firing staff) gets only qualified immunity.
- A prosecutor giving legal advice to police may not have absolute immunity.
The question is: What function was the official performing when the violation occurred?
Why It’s Infuriating
A prosecutor who knowingly presents fabricated evidence to a grand jury is absolutely immune from your § 1983 suit. A judge who jails you out of personal spite is absolutely immune if they had jurisdiction. The doctrine prioritizes the independence of these functions over accountability for abuse.
Your options when you hit absolute immunity:
- Criminal prosecution: The DOJ can prosecute under 18 U.S.C. § 242 (rare)
- Judicial discipline: File a complaint with the judicial conduct commission
- Bar complaints: File against the prosecutor with the state bar
- Political process: Vote them out, campaign for reform
None of these are likely to give you money damages. That’s the point of absolute immunity — and the problem with it.
Key Cases
- Imbler v. Pachtman, 424 U.S. 409 (1976) — Prosecutorial immunity for advocacy functions
- Stump v. Sparkman, 435 U.S. 349 (1978) — Judicial immunity even for outrageous acts
- Buckley v. Fitzsimmons, 509 U.S. 259 (1993) — Prosecutors lose absolute immunity for investigative acts
- Mireles v. Waco, 502 U.S. 9 (1991) — Judge who ordered police to seize and bring attorney by force was absolutely immune