Howard Waco v. Gregory Baltad, Raymond Mireles
Opinion
Opinion
Howard Waco, a Los Angeles County public defender, appeals the district court’s dismissal of his action for damages against California Superior Court Judge Raymond Mireles for failure to state a claim. Because the district court directed entry of final judgment as to Judge Mireles pursuant to Fed.R.Civ.P. 54(b), we have jurisdiction over Waco’s appeal. We reverse and remand.
We review de novo a district court’s dismissal for failure to state a claim. Noll v. Carlson, 809 F.2d 1446, 1447 (9th Cir.1987). Dismissal is appropriate only if the plaintiff “can prove no set of facts which would entitle him to relief.” Gibson v. United, States, 781 F.2d 1334, 1337 (9th Cir.1986), cert. denied, 479 U.S. 1054 , 107 S.Ct. 928 , 93 L.Ed.2d 979 (1987). The allegations in the complaint are taken as true and are construed in the light most favorable to the nonmoving party. Love v. United States, 915 F.2d 1242, 1245 (9th Cir.1989).
Judges are absolutely immune from section 1983 liability for damages only for their judicial acts and not for other administrative, legislative, or executive functions that they may perform. Forrester v. White, 484 U.S. 219, 227 , 108 S.Ct. 538, 544 , 98 L.Ed.2d 555…