NRS 1.465 Immunity.

1. The following persons are absolutely immune from suit for all conduct at any time in the course of their official duties:
    (a)  Any member who serves on the Commission;
    (b)  Any person employed by the Commission;
    (c)  Any independent contractor of the Commission; and
    (d)  Any person who performs services pursuant to NRS 1.450 or 1.460 for the Commission.

2. Except as otherwise provided in NRS 1.4683, the following persons are absolutely immune from suit unless convicted of committing perjury before the Commission pursuant to NRS 199.120 to 199.200, inclusive:
    (a)  A person who files a complaint with the Commission pursuant to NRS 1.4655;
    (b)  A person who gives testimony at a hearing held by the Commission pursuant to NRS 1.4673 or 1.4675; and
     (c)  A person who gives a statement to an investigator of the Commission during an authorized investigation. 

(Added to NRS by 1995, 800; A 1997, 1094; 2009, 1338)

FEDERAL AND OTHER CASES.
   Members and employees of the commission on judicial discipline were entitled to absolute quasi-judicial immunity from liability.  In an action brought in federal court against the commission on judicial discipline and various employees of the commission, the members and employees of the commission were entitled to absolute quasi-judicial immunity from liability because, in carrying out their duties, they preside over adversarial hearings, make factual findings and otherwise perform judicial or prosecutorial functions pursuant to state law.  (See NRS 1.465 and Nev. Art. 6, § 21.)  Salman v. Nevada Comm'n on Judicial Discipline, 104 F. Supp. 2d 1262 (D. Nev. 2000)

  Members and employees of the commission on judicial discipline were entitled to qualified immunity from liability.  In an action brought in federal court against the commission on judicial discipline and various employees of the commission alleging that the plaintiff was wrongfully excluded from proceedings in which the commission conducted a preliminary review of a a complaint the plaintiff had filed with the commission and that the employees of the commission failed to inform the plaintiff of his administrative and statutory rights, the members and employees of the commission were entitled to qualified immunity from liability because the plaintiff failed to allege that any of the defendants violated clearly established statutory or constitutional rights of which a reasonable person would have known.  (See NRS 1.465 and Nev. Art. 6, § 21.)  Salman v. Nevada Comm'n on Judicial Discipline, 104 F. Supp. 2d 1262 (D. Nev. 2000)

             

 

 


Last Updated: 12/07/10 11:46:38 AM