Singer v. Bogen

In Singer v. Bogen (1957) 147 Cal.App.2d 515, the court affirmed the dismissal of an action for false imprisonment after a demurrer was sustained on the ground of judicial immunity, and in reviewing the principles involved, quoted from Bradley v. Fisher, supra, 80 U.S. (13 Wall.) 335: "'In Cooley on Torts, third edition, volume 2, page 795, the author says: "Whenever, therefore, the State confers judicial powers upon an individual, it confers them with full immunity from private suits. In effect the State says to the officer that these duties are confided to his judgment; that he is to exercise his judgment fully, freely and without favor and he may exercise it without fear; that the duties concern individuals but they concern more especially the welfare of the State and the peace and happiness of society; that if he shall fail in the faithful discharge of them, he shall be called to account as a criminal, but that in order that he may not be annoyed, disturbed, and impeded in the performance of these high functions, a dissatisfied individual shall not be suffered to call in question his official action in a suit for damages. This is what the State, speaking by the mouth of the common law, says to the judicial officer. The rule thus laid down applies to large classes of offices, embracing some, the powers attached to which are very extensive and others whose authority is exceedingly limited."'" ( Singer, supra, 147 Cal.App.2d 515, 523-524.)