Defendant Judge Carlson presided at this trial, with defendant Horan the prosecutor, and defendant Ryan representing plaintiff. Plaintiff contends that Horan committed perjury at his trial, that he was indicted on the wrong charge, and that the state did not prove the charges. He also alleges that Ryan provided ineffective assistance of counsel at both the preliminary hearing and at trial. Finally, he alleges that Judge Carlson incorrectly instructed the jury, falsely imprisoned him, and improperly denied him bail. For relief, he seeks to be released from prison, for monetary damages, and for the defendants to be prosecuted.
Absolute immunity is a threshold question to be resolved as early in the proceedings as possible.
Judicial officers are entitled to absolute immunity from claims for damages arising out of acts performed in the exercise of their judicial functions. The alleged magnitude of the errors or the mendacity of the acts is irrelevant. Judicial immunity can be overcome only by showing that the actions complained of were nonjudicial in nature or by showing that the actions complained of were taken in the complete absence of all jurisdiction. Plaintiff does not complain of any actions by Judges Carlson or Joiner that were nonjudicial in nature, and these claims should therefore be dismissed with prejudice as frivolous. Graves , supra at 318.