Statutory bar on injunctive relief against a judicial officer acting in a judicial capacity (1996 amendment)

EXCEPTION · 42usc1983:judicial-officer-injunctive-relief

Added by Pub. L. 104-317, § 309(c) (1996) to abrogate Pulliam v. Allen (466 U.S. 522 (1984)) with respect to injunctive relief against judges unless a declaratory decree was violated or unavailable.

Exact element source

except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
Source: docroot/ir/usc/title42.jsonl#title42_sec1983; Unicode character offsets [518:763] (end exclusive); SHA-256 88fe01322b9d94860a669ec452f558146e2745845070bc43583671ce12acb2bb.

Routes and case patterns

No routes recorded for this element.

How courts decided this element

Annotation blocks, including explicitly excluded context
CaseElementHolding and scopePatternExact source quotations

Court interpretations

interpretation

officials seeking absolute immunity must show that such immunity is justified for the governmental function at issue

Hafer v. Melo — 502 U.S. 21 (1991) · Supreme Court of the United States · 1991 (42usc1983: author: Fable · historical QA: PASS (QA1, neov2/qa/cases-QA1.md) · changed after review; current content not independently reviewed)

officials seeking absolute immunity must show that such immunity is justified for the governmental function at issue
Source: docroot/ir/caselaw/us_502.jsonl#/us/502/0021-01; Unicode character offsets [11580:11696] (end exclusive); SHA-256 b981c1cb2a9bf4bab619f49a26674002633c907c86f39bd53f955befb5605c07.

Added by Pub. L. 104-317, § 309(c) (1996) to abrogate Pulliam v. Allen (466 U.S. 522 (1984)) with respect to injunctive relief against judges unless a declaratory decree was violated or unavailable.