Slater, et al v. Clarke, et al, No. 11-35699 (9th Cir. 2012)
Annotate this CaseDefendants appealed the district court's denial of a motion to dismiss a civil rights complaint. The court held that government officials were absolutely immune from civil liability for the decision not to extradite or to request only limited extradition of a criminal defendant. The court held that because the decision whether or not to extradite a criminal defendant was intimately associated with the criminal phase of the judicial process, defendants in this case were entitled to absolute immunity to the extent they participated in making the extradition decision described in plaintiffs' complaint.
Court Description: Civil Rights. Reversing the district court’s denial of a motion to dismiss a civil rights complaint and remanding, the panel held that government officials are absolutely immune from civil liability for the decision not to extradite or to request only limited extradition of a criminal defendant. The panel held that because the decision whether or not to extradite a criminal defendant is intimately associated with the criminal phase of the judicial process, defendants in this case were entitled to absolute immunity to the extent they participated in making the extradition decision described in plaintiffs’ complaint.
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