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
| Case | Element | Holding and scope | Pattern | Exact 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 issueSource:
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.