Norman Burkes, Jr. v. Luther Callion, Deputy Central Adult Investigations, Etc.

Appellant brought this civil rights damage action under 42 U.S.C. § 1983 (2) against Luther Callion, a Deputy Probation Officer for Los Angeles County, and Dr. George Abe and Dr. Alvin Davis, court-appointed medical examiners, alleging that he was sentenced to state prison rather than granted probation because the defendants made false statements of fact and omitted material facts in making their respective reports to the state court. The district court dismissed the complaint on the grounds that the defendants were immune from liability under the Act. We affirm.

This circuit has repeatedly held that judges and other officers of government whose duties are related to the judicial process are immune from liability for damages under section 1983 for conduct in the performance of their official duties. See, e. g., Agnew v. Moody, 330 F.2d 868 (9th Cir. 1964); Harmon v. Superior Court, 329 F.2d 154 (9th Cir. 1964); Sires v. Cole, 320 F.2d 877 (9th Cir. 1963). A probation officer preparing and submitting a probation report in a criminal case is performing a “quasi-judicial” function and is entitled to a similar, if not the same, immunity that is accorded to judges for acts done by…