Miller v. Davis, 521 F.3d 1142 (9th Cir. 2008). · Go Syfert
Miller v. Davis, 521 F.3d 1142 (9th Cir. 2008). Cases Citing This Book View Copy Cite
“it has long been established that judges 19 are absolutely immune from liability for acts 'done by them in the exercise of their judicial functions.”
102 citation events (102 in the last 25 years) across 16 distinct courts.
Strongest positive: Nair v. Leal (nvd, 2025-09-08)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Nair v. Leal
D. Nev. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been established that judges are absolutely immune from liability for acts 23 'done by them in the exercise of their judicial functions.
discussed Cited as authority (verbatim quote) Kotab v. Eight Judicial District Court
D. Nev. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
it has long been established that judges 19 are absolutely immune from liability for acts 'done by them in the exercise of their judicial functions.
cited Cited as authority (rule) Sager, II v. Dr. Brawers
D. Nev. · 2025 · confidence medium
Judges have long been accorded absolute 13 immunity from suit under § 1983 for acts done by them in the exercise of their judicial functions. 14 Miller v. Davis, 521 F.3d 1142, 1144 (9th Cir. 2008).
cited Cited as authority (rule) LaTulippe v. Oregon Medical Board
D. Or. · 2025 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008).
discussed Cited as authority (rule) Baldwin-Kennedy v. Garret
E.D. Cal. · 2025 · confidence medium
Corp. v. Guetschow, 869 F.2d 1298 , 1302 (9th Cir. 1989)). 8 “In determining judicial immunity, we have distinguished between acts ‘in excess of jurisdiction’ 9 and acts ‘in the clear absence of jurisdiction’ by looking to the subject-matter jurisdiction of the 10 judge: ‘[a] clear absence of all jurisdiction means a clear lack of all subject matter jurisdiction.’” 11 Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008) (alterations in original) (quoting Mullis v. 12 U.S. Bankr.
discussed Cited as authority (rule) Mark Mearl Bowersock v. Daniel B. Feldstern
C.D. Cal. · 2025 · confidence medium
Nor does it appear Plaintiff can maintain a claim for damages against Judge Feldstern in his individual capacity since “[i]t has long been established that judges are absolutely immune from liability for acts ‘done by them in the exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (quoting Bradley v. Fisher, 80 US. 335, 347 (1871)); Mireles v. Waco, 502 U.S. 9, 9-10 (1991) (per curiam).
discussed Cited as authority (rule) Yamburg v. State of California
N.D. Cal. · 2024 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 20 Plaintiff alleges that Santa Clara County Superior Court Judge Kelly Paul violated his 21 constitutional rights by declaring him a “murderer” in her opening remarks, ECF No. 1 at 8, and in 22 connection with various court rulings with which he disagrees, see id. at 7-9.
discussed Cited as authority (rule) Anthony v. Segura
S.D. Cal. · 2024 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 28 1 As summarized above, Plaintiffs’ allegations against Defendant are based on 2 || Defendant’s rulings and decisions made in his official capacity as a judge in the Family 3 ||Court Matter.
cited Cited as authority (rule) Tijerina v. State of Idaho
D. Idaho · 2024 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008).
cited Cited as authority (rule) (PC) Daniel v. Nelson
E.D. Cal. · 2024 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 11 Plaintiff challenges rulings made by defendants Getty and Nelson in plaintiff’s criminal 12 case.
discussed Cited as authority (rule) Leon v. People of California
N.D. Cal. · 2024 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 22 Leon seeks money damages from the state superior court judges who initially set his bail 23 tool high in his pending criminal matter and from the state superior court judge he claims is 24 mishandling an ongoing family law matter.
discussed Cited as authority (rule) Keith Shazad Malik v. Kathryn Falon Degovia
C.D. Cal. · 2024 · confidence medium
Moreover, “[i]t has long been established that judges are absolutely immune from liability for acts ‘done by them in the exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir.) (quoting Bradley v. Fisher, 80 U.S. 335, 347 (1871)), cert. denied, 555 U.S. 888 (2008). /// 2(...continued) notice of the docket sheet and related documents, including the judgment, in Malik I.
discussed Cited as authority (rule) (PC) Richson-Bey v. Palmer
E.D. Cal. · 2024 · confidence medium
Thus, to the extent the cases differ, this case adds one additional defendant, who has 24 absolute immunity from liability for acts performed in the exercise of his judicial functions. 25 Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008).
discussed Cited as authority (rule) Owens v. Lee
N.D. Cal. · 2024 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 12 Plaintiff alleges that several San Mateo County Superior Court judges “illegally” sided 13 with Deputy District Attorney Tabi Yasmin in his ongoing state criminal prosecution when they 14 unlawfully allowed the addition of non-qualifying prior “strike” conviction enhancement 15 allegations, refused to accept an affidavit from the victim saying that plaintiff never assaulted him, 16 and allowed a juvenile who was not present at the scene to testify against plaintiff.
discussed Cited as authority (rule) Owens v. Lee
N.D. Cal. · 2023 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 12 Plaintiff alleges that several San Mateo County Superior Court judges improperly have 13 allowed Deputy District Attorney Tabi Yasmin to unlawfully add prior “strike” conviction 14 enhancement allegations in his ongoing criminal prosecution.
discussed Cited as authority (rule) Owens v. Foils
N.D. Cal. · 2023 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 16 Plaintiff alleges that in 1991 the San Mateo County Superior Court judge assigned to his 17 case improperly sentenced him to three years despite “not being picked out during a ‘line up’” and 18 the conviction was overturned.
discussed Cited as authority (rule) Flournoy v. Haakenson (2×) also: Cited "see"
N.D. Cal. · 2023 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 16 Section 1983 also “contemplates judicial immunity from suit for injunctive relief for acts 17 taken in a judicial capacity.” Wolfe v. Strankman, 392 F.3d 358, 366 (9th Cir. 2004).
discussed Cited as authority (rule) Cruzado v. State of Washington
W.D. Wash. · 2023 · confidence medium
Cruzado’s claim would still fail to the extent he named Commissioner Johnson-Taylor, as 3 “[i]t has long been established that judges are absolutely immune from liability for acts ‘done by 4 them in the exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 5 2008) (quoting Bradley v. Fisher, 80 U.S. 335, 347 (1871)).
discussed Cited as authority (rule) Dillard v. Judge Bastin
D. Idaho · 2023 · confidence medium
As the Court previously noted, “[i]t has long been established that judges are absolutely immune from liability for acts ‘done by them in the exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871)).
cited Cited as authority (rule) Martin v. Watson
D. Haw. · 2023 · confidence medium
Hawai`i Jan. 13, 2009) (citing Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008); Mullis v. Bankr.
discussed Cited as authority (rule) Smith v. Wiger
W.D. Wash. · 2022 · confidence medium
To the extent plaintiff is asserting claims against judicial officers directly, “[i]t has long 17 been established that judges are absolutely immune from liability for acts ‘done by them in the 18 exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) 19 20 (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871)).
discussed Cited as authority (rule) Lucero v. City of San Diego
S.D. Cal. · 2022 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 15 The conduct attributed specifically to Judge Shamoon in the Complaint stems from her 16 judicial acts, with no indication that she was acting in the complete absence of jurisdiction. 17 Plaintiff’s claims against Judge Shamoon are also barred by the Eleventh 18 Amendment.
discussed Cited as authority (rule) Dillard v. Judge Bastin
D. Idaho · 2022 · confidence medium
“It has long been established that judges are absolutely immune from liability for acts ‘done by them in the exercise of their judicial functions.’ ” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871) ).
discussed Cited as authority (rule) Barkus v. Shamoon
S.D. Cal. · 2022 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008). 17 Additionally, Section 1983 “contemplates judicial immunity from suit for injunctive 18 relief for acts taken in a judicial capacity.” Wolfe v. Strankman, 392 F.3d 358, 366 (9th Cir. 19 2004).
discussed Cited as authority (rule) Maez v. Maez
E.D. Cal. · 2022 · confidence medium
“It has long been 18 established that judges are absolutely immune from liability for acts ‘done in the exercise of their 19 judicial functions.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (quotation omitted). 20 Judges are absolutely immune from damage actions for judicial acts taken within the jurisdiction 21 of their courts.
discussed Cited as authority (rule) Lim v. Miller
E.D. Cal. · 2022 · confidence medium
Immunity 14 “It has long been established that judges are absolutely immune from liability for acts 15 ‘done in the exercise of their judicial functions.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 16 2008) (quotation omitted).
discussed Cited as authority (rule) Spriestersbach v. State of Hawaii
D. Haw. · 2022 · confidence medium
“In determining judicial immunity, [the Ninth Circuit] distinguishe[s] between acts ‘in excess of jurisdiction’ and acts ‘in the clear absence of jurisdiction’ by looking to the subject-matter jurisdiction of the judge: ‘[a] clear absence of all jurisdiction means a clear lack of all subject matter jurisdiction.’” Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir. 2008) (some alterations in Miller) (quoting Mullis v. U.S. Bankr.
discussed Cited as authority (rule) Maez v. Maez
E.D. Cal. · 2022 · confidence medium
“It has long been 1 established that judges are absolutely immune from liability for acts ‘done in the exercise of their 2 judicial functions.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (quotation omitted). 3 Judges are absolutely immune from damage actions for judicial acts taken within the jurisdiction 4 of their courts.
discussed Cited as authority (rule) Bartlett v. Hazel
E.D. Wash. · 2022 · confidence medium
Again, the 26 complaint must plead “enough facts to state a claim to relief that is plausible on its 27 face.” Id. at 570 . 28 1 Discussion 2 Defendants argue that Defendants Judge Hazel and Commissioner Chavez 3 are entitled to absolute judicial immunity, the Court lacks jurisdiction over this 4 action under the Rooker-Feldman doctrine, and in any case, the Court should 5 abstain from hearing the case under the domestic relations abstention doctrine. 6 They ask that the Court dismiss the case. 7 Plaintiff responds summarily by claiming Defendant Judge Hazel violated 8 his constitutional r…
discussed Cited as authority (rule) Lim v. Miller
E.D. Cal. · 2022 · confidence medium
Quasi-Judicial Immunity 20 “It has long been established that judges are absolutely immune from liability for acts 21 ‘done in the exercise of their judicial functions.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 22 2008) (quotation omitted).
cited Cited as authority (rule) Guity v. State of Hawaii
D. Haw. · 2022 · confidence medium
Hawai`i Jan. 13, 2009) (citing Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008); Mullis v. Bankr.
discussed Cited as authority (rule) Friend v. United States of America
W.D. Wash. · 2021 · confidence medium
“It has long been established that judges are absolutely immune from 2 liability for acts ‘done by them in the exercise of their judicial functions.’” Miller v. 3 Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 4 335, 347 (1871)).
discussed Cited as authority (rule) Holmes v. King County Sheriff
W.D. Wash. · 2021 · confidence medium
To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 19 20 established that judges are absolutely immune from liability for acts ‘done by them in the 21 exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) 22 (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871)).
discussed Cited as authority (rule) Jama v. King County Judges
W.D. Wash. · 2021 · confidence medium
To the extent plaintiff is asserting claims against judicial officers directly, “[i]t has long 2 been established that judges are absolutely immune from liability for acts ‘done by them in the 3 exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) 4 (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871)).
discussed Cited as authority (rule) Wilder v. United States Army Corps of Engineers
W.D. Wash. · 2021 · confidence medium
To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 20 established that judges are absolutely immune from liability for acts ‘done by them in the 21 22 exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) 23 (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871)).
discussed Cited as authority (rule) Parent v. Island County Superior Court
W.D. Wash. · 2021 · confidence medium
First, Ms. Van Pelt is immune from liability for her testimony at trial. 19 See Briscoe v. LaHue, 460 U.S. 325 , 345–46 (1983) (holding that Congress, in enacting § 1983, 20 did not abrogate common-law absolute immunity afforded to witnesses for alleged false 21 testimony in judicial proceedings); Paine v. City of Lompoc, 265 F.3d 975, 981 (9th Cir. 2001) 22 (“Witnesses . . . are immune from liability for their testimony . . . even if they committed 23 perjury.”). 24 Judge Hancock is also entitled to judicial immunity for allegedly improperly admitting 25 Ms. Van Pelt’s testimony beca…
discussed Cited as authority (rule) Parent v. Island County Superior Court
W.D. Wash. · 2021 · confidence medium
First, Judge Hancock is entitled to judicial immunity. 12 Judges are absolutely immune from liability for acts “done by them in the exercise of their 13 judicial functions.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (quoting Bradley v. 14 Fisher, 80 U.S. 335, 347 (1871)).
discussed Cited as authority (rule) Yah's Knights and Dames Community Development v. Wilder
W.D. Wash. · 2021 · confidence medium
To the extent plaintiff is asserting claims against a judicial officer, “[i]t has long been 4 established that judges are absolutely immune from liability for acts ‘done by them in the 5 exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) 6 7 (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871)).
discussed Cited as authority (rule) Wilder v. Washington State Administrative Office of the Courts
W.D. Wash. · 2021 · confidence medium
To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 24 established that judges are absolutely immune from liability for acts ‘done by them in the 25 exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) 26 27 ORDER REQUIRING A MORE 1 (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871)).
discussed Cited as authority (rule) Wilder v. United States of America
W.D. Wash. · 2021 · confidence medium
To the extent plaintiff is asserting claims against judicial officers, “[i]t has long been 23 established that judges are absolutely immune from liability for acts ‘done by them in the 24 exercise of their judicial functions.’” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) 25 (quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347 (1871)).
cited Cited as authority (rule) Ballering v. All State Attorney Generals & Lemon Law Departments
D. Haw. · 2021 · confidence medium
Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008).
cited Cited as authority (rule) Zaire Webb v. Washington State University
Wash. Ct. App. · 2020 · confidence medium
The list is nonexhaustive, and “an official need not satisfy every factor to be entitled to absolute quasi-judicial immunity.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008).
cited Cited as authority (rule) Peter Strojnik, Sr. v. State Bar of Arizona
9th Cir. · 2020 · confidence medium
Eleventh Amendment immunity); Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (dismissal under quasi-judicial immunity).
discussed Cited as authority (rule) (PC) Vasques v. Melikien
E.D. Cal. · 2020 · confidence medium
Mireles v. Waco, 502 U.S. 9 , 12 11 (1991) (per curiam); Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (“It has long been 13 established that judges are absolutely immune from liability for acts done by them in the exercise 14 of their judicial functions.” (internal quotations and citation omitted)).
discussed Cited as authority (rule) Joseph Hardesty v. Sacramento County (2×)
9th Cir. · 2020 · confidence medium
The Supreme Court “has outlined a list of factors to consider in determining whether an official’s functions are quasi- judicial in nature: (1) the need to insulate the official from harassment or intimidation; (2) the presence of procedural safeguards to reduce unconstitutional conduct; (3) insulation from political influence; (4) the importance of precedent in the official’s decision; (5) the adversar[ial] nature of the process; and (6) the correctability of error on appeal.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008).
discussed Cited as authority (rule) Brown v. Walter
W.D. Wash. · 2020 · confidence medium
It is well 17 established that judges are absolutely immune from liability for acts “done by them in the 18 exercise of their judicial functions.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) 19 (quoting Bradley v. Fisher, 80 U.S. 335, 347 (1871)).
discussed Cited as authority (rule) Brown v. Robinson
W.D. Wash. · 2019 · confidence medium
(Id. at 5.) Plaintiff asserts that the Court has federal 12 question jurisdiction over this action because his claims arise from “judicial misconduct, judicial 13 conference circuit executive, Clerk (AKA) Angela Caesar subject to removal.” (Id. at 3) (some 14 alterations removed). 15 It is well established that judges are absolutely immune from liability for acts “done by 16 them in the exercise of their judicial functions.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 17 2008) (quoting Bradley v. Fisher, 80 U.S. 335, 347 (1871)).
discussed Cited as authority (rule) Blacktail Mountain Ranch Co. v. Linda Jonas
9th Cir. · 2015 · confidence medium
Because the appointing judge had subject *432 matter jurisdiction over Linda’s domestication case, he did not act in the “clear absence of all jurisdiction” that would deprive him of judicial immunity, Miller v. Davis, 521 F.3d 1142, 1147 (9th Cir.2008) (citation omitted); Mont.
cited Cited as authority (rule) Goldstein v. Galvin
1st Cir. · 2013 · confidence medium
Partners, LLC v. Decker, 631 F.3d 89 , 98 & n. 4 (3d Cir.2011); Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir.2008); Brown v. Griesenauer, 970 F.2d 431, 439 (8th Cir.1992).
discussed Cited as authority (rule) Kevin Buckwalter v. State of Nevada Board
9th Cir. · 2012 · confidence medium
Standard of Review “Whether a public official is entitled to absolute immunity is a question of law that is reviewed de novo.” Miller v. Davis, 521 F.3d 1142, 1145 (9th Cir. 2008) (quoting Gold- stein v. City of Long Beach, 481 F.3d 1170 , 1172 (9th Cir. 2007)).
Retrieving the full opinion text from the archive…
Donald A. MILLER, Plaintiff-Appellant,
v.
Gray DAVIS, as an Individual, Defendant-Appellee
06-55538.
Court of Appeals for the Ninth Circuit.
Apr 2, 2008.
521 F.3d 1142
Richard Hamlish, Westlake Village, CA, for the plaintiff-appellant., Bill Lockyer, Attorney General for the State of California; James M. Humes, Chief Assistant Attorney General; Frances T. Grunder, Senior Assistant Attorney General; and Thomas Patterson and Rene L. Lucaric, Supervising Deputy Attorneys General, for defendants-appellees, Davis, Schwarzenegger, Rich, Duncan, BPH, CDCR, Ortega, Gillis, Lushcough, Koenig, Bordonaro, and Bentley.
Nelson, Reinhardt, Oberdorfer.
Cited by 84 opinions  |  Published
Pinpoint authority: bottom 50%
[*1144] REINHARDT, Circuit Judge:

The California Constitution authorizes the Governor to review a state parole board’s decision granting, denying, revoking, or suspending parole “of a person sentenced to an indeterminate term upon conviction of murder.” Cal. Const, art. V, § 8(b). We are asked to decide whether the Governor is entitled to absolute quasi-judicial immunity for his reversal of a parole board’s grant of parole where he erroneously extends his authority to review parole decisions to an individual convicted of conspiracy to commit murder. We hold that he is. Accordingly, we affirm the district court’s dismissal of the plaintiffs 42 U.S.C. § 1983 claims against former Governor Gray Davis. [1]

I. Background

In 1980, Donald Miller was convicted of conspiracy to commit murder and sentenced to 25 years to life in state prison. His first two applications for parole, filed in 1996 and 1998, were denied by the California Board of Prison Terms (“Board”). On February 18, 1999, the Board granted Miller’s third application for parole and referred the decision to then-Governor Davis for review. Governor Davis reversed it. Miller applied for parole a fourth time and, on October 2, 2000, the Board again found him suitable for parole and again referred the decision to Governor Davis. Again, he reversed it.

On August 20, 2001, the California Court of Appeal vacated Governor Davis’s reversal of the Board’s grant of parole on the ground that the Governor lacked authority to review the Board’s 1999 and 2000 parole decisions. Specifically, the court held that Article V, § 8 of the California Constitution, and § 3041.2 of the California Penal Code, which permit the Governor to review parole decisions of inmates “sentenced to an indeterminate term upon conviction of murder” Cal. Const, art. V, § 8(b) (emphasis added), do not authorize him to review parole decisions of inmates “whose primary commitment offense is conspiracy to commit murder” (emphasis added).

Following the state court’s decision, the Board reaffirmed its prior grant of parole and set a parole release date of June 18, 2002. Pursuant to California Penal Code § 3041.1, [2] Governor Davis requested that the Board review its grant of parole. The Board met en banc and again reaffirmed its decision to grant Miller parole. He was released from prison on June 18, 2002.

In 2005, Miller filed this § 1983 action against former Governor Davis, current Governor Arnold Schwarzenegger, Warden William Duncan, several state agencies, [3] and a number of Board members, alleging that the defendants violated his constitutional rights in prolonging his incarceration. The district court dismissed the action as to all defendants. It held that the Governor’s review of parole board decisions is a quasi-judicial function and is therefore entitled to absolute immunity. Although the Governor was not authorized to review Miller’s parole decision because Miller was convicted not of murder but of conspiracy to commit murder, the district court construed the Governor’s decision to conduct the review as a “mistake of law”[*1145] and accorded him the protection of quasi-judicial immunity. Miller appealed.

II. Discussion

Miller argues that Governor Davis is not entitled to absolute quasi-judicial immunity for his reversals of Miller’s 1999 and 2000 parole grants because he lacked jurisdiction to review the Parole Board’s decisions. “Whether a public official is entitled to absolute immunity is a question of law that is reviewed de novo.” Goldstein v. City of Long Beach, 481 F.3d 1170, 1172 (9th Cir.2007).

It has long been established that judges are absolutely immune from liability for acts “done by them in the exercise of their judicial functions.” Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 347, 20 L.Ed. 646 (1871). The Supreme Court has extended such absolute immunity to other public officials who perform activities that are “functionally comparable” to those of judges. Butz v. Economou, 438 U.S. 478, 513, 98 S.Ct. 2894, 57 L.Ed.2d 895 (1978); see also Sellars v. Procunier, 641 F.2d 1295, 1303 (9th Cir.1981) (“If an official’s role is functionally equivalent to that of a judge, the official will be granted equivalent immunity.”). Such activities are sometimes referred to as “quasi-judicial.” See, e.g., Imbler v. Pachtman, 424 U.S. 409, 420, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976). “Absolute immunity flows not from rank or title ... but from the nature of the responsibilities of the individual official.” Cleavinger v. Saxner, 474 U.S. 193, 201, 106 S.Ct. 496, 88 L.Ed.2d 507 (1985). The Court has outlined a list of factors to consider in determining whether an official’s functions are quasi-judicial in nature: (1) the need to insulate the official from harassment or intimidation; (2) the presence of procedural safeguards to reduce unconstitutional conduct; (3) insulation from political influence; (4) the importance of precedent in the official’s decision; (5) the adversary nature of the process; and (6) the correctability of error on appeal. Id. at 202, 106 S.Ct. 496 (citing Butz, 438 U.S. at 512, 98 S.Ct. 2894). This list of factors is nonexhaustive, however, and an official need not satisfy every factor to be entitled to absolute quasi-judicial immunity. See Olsen v. Idaho State Bd. of Med., 363 F.3d 916, 923 (9th Cir.2004) (noting that the Butz factors are “nonexclusive”).

We hold that the Governor’s review of parole decisions regarding prisoners convicted of murder pursuant to Article V, § 8(b) of the California Constitution is “functionally comparable” to a judge’s role and is therefore entitled to absolute immunity from damages liability. Admittedly, several of the Butz factors weigh against such a conclusion — the Governor’s review is not adversarial in nature, there is no requirement that the Governor consider precedent in making his determination, and the Governor is, by definition as an elected official, not insulated from political influence, as Governor Davis’s almost uniform denials of parole amply demonstrate. Nevertheless, we believe that the Governor’s review of parole decisions “shares enough of the characteristics of the judicial process,” Butz, 438 U.S. at 513, 98 S.Ct. 2894, to warrant absolute quasi-judicial immunity.

First, the constitutional provision and related statute provide several procedural safeguards akin to the institutional safeguards that constrain appellate courts. Article V, § 8(b) provides that the Governor, in making his decision, is limited to “the same factors which the parole authority is required to consider.” See In re Rosenkrantz, 29 Cal.4th 616, 128 Cal. Rptr.2d 104, 59 P.3d 174, 207 (2003) (“[T]he Governor’s decision must be based upon the same factors that restrict the Board in rendering its parole decision.”). Section 8(b) also subjects the Governor’s[*1146] review “to procedures provided by statute,” and the relevant statute, California Penal Code § 3041.2, limits the Governor’s review of parole decisions to “materials provided by the parole authority.” Cal.Penal Code § 3041.2(a); see In re Gray, 151 Cal.App.4th 379, 59 Cal.Rptr.3d 724, 739 (2007) (holding that the Governor erred in considering evidence that was not before the Board). Furthermore, § 3041.2 requires the Governor, if he decides to reverse or modify the Board’s parole determination, to “send a written statement to the inmate specifying the reasons for his ... decision.” § 3041.2(b); see also Cal. Const, art. V, § 8(b) (requiring the Governor to “report to the Legislature each parole decision affirmed, modified, or reversed, stating the pertinent facts and reasons for the action”). Thus, like an appellate court, the Governor reviewing a parole decision is limited in the evidence and factors he may consider and must provide in writing the reasoning supporting his decision.

Second, the Governor’s decision can be corrected on appeal. The California Supreme Court has held explicitly that

the courts properly can review a Governor’s decisions whether to affirm, modify, or reverse parole decisions by the Board to determine whether they comply with due process of law, and ... such review properly can include a determination of whether the factual basis of such a decision is supported by some evidence in the record that was before the Board.

Rosenkrantz, 128 Cal.Rptr.2d 104, 59 P.3d at 212. Although the courts’ review of the Governor’s parole decisions is deferential, see id. at 218 (“As long as the Governor’s decision reflects due consideration of the specified factors as applied to the individual prisoner in accordance with applicable legal standards, the court’s review is limited to ascertaining whether there is some evidence in the record that supports the Governor’s decision.”); In re Smith, 114 Cal.App.4th 343, 7 Cal.Rptr.3d 655, 678 (2003) (“[T]he Governor’s decision is entitled to great judicial deference .... ”), the “some evidence” standard of review at the very least ensures that the Governor’s decisions comply with the requirements of due process, Rosenkrantz, 128 Cal.Rptr.2d 104, 59 P.3d at 205 (“[D]ue process of law requires that the factual basis of a decision ... to rescind parole be supported by some evidence.”); id. at 209 (“[B]eeause due process of law requires that a [parole] decision ... be supported by some evidence in the record, the Governor’s decision is subject to judicial review....”). Where the Governor’s reversal of parole is not supported by “some evidence,” the California courts have not hesitated to reverse the Governor’s decision. See Smith, 7 Cal.Rptr.3d at 678-79; In re Smith, 109 Cal.App.4th 489, 134 Cal.Rptr.2d 781, 794 (2003); In re Capistran, 107 Cal.App.4th 1299, 132 Cal.Rptr.2d 872, 876-78 (2003).

Finally, there is a strong need to ensure that the Governor is able to perform his reviewing function under Article V, § 8(b) without the threat of harassment through civil lawsuits. The Governor reviews dozens of parole grants in murder cases every year. See Nancy Vogel, Gov. Paroles Second Killer, L.A. Times, Nov. 27, 2003, at A1 (reporting that Governor Davis reviewed 294 grants of parole to defendants convicted of murder during his five years in office). If every reversal of a parole decision were to subject the Governor to potential liability, his capacity to perform the reviewing duties bestowed upon him by California’s voters [4] would be seriously[*1147] hindered. Cf. Sellars, 641 F.2d at 1303 (“If parole board officials had to anticipate that each time they rejected a prisoner’s application for parole, they would have to defend that decision in federal court, their already difficult task ... would become almost impossible”).

Thus, in light of the judicial nature of the Governor’s review, the procedural safeguards that apply, and the judicial review that ensures that his review comports with due process, as well as the strong need to allow the Governor to perform his reviewing function without threat of harassing litigation, we hold that the Governor’s review of parole decisions pursuant to his authority under Article V, § 8(b) and Penal Code § 3041.2 is “functionally comparable” to the role of a judge and, accordingly, that he is entitled to absolute quasi-judicial immunity for that review. This conclusion is in line with our prior decisions holding that parole board officials are entitled to absolute immunity “when they decide to grant, deny, or revoke parole.” Sellars, 641 F.2d at 1303; see also Anderson v. Boyd, 714 F.2d 906, 908-09 (9th Cir.1983). Given that the Governor, in exercising his authority under Article V, § 8(b), performs essentially the same function as parole board officials, and must review the identical record those officials review when deciding whether or not an inmate convicted of murder is suitable for parole, we see no reason to deny him the same immunity we afford those officials when they carry out their adjudicatory tasks.

Ultimately, Miller does not seriously dispute that the Governor is entitled to absolute immunity for his review of parole decisions authorized by Article V, § 8(b)— that is, grants of parole to inmates who have been convicted of murder. He argues, rather, that Governor Davis was not authorized under Article V, § 8(b) to review his parole decision because he was convicted not of murder but of conspiracy to commit murder. Thus, he argues, the Governor’s reversal of that grant is not protected by absolute immunity. His argument is flawed.

The absolute immunity normally accorded officials performing quasi-judicial functions does not extend to “actions, though judicial in nature, taken in the complete absence of all jurisdiction.” Mireles v. Waco, 502 U.S. 9, 12, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991). Where the official acts merely in excess of his authority, however, he will not be deprived of immunity; “rather, he will be subject to liability only when he has acted in the ‘clear absence of all jurisdiction.’ ” Stump v. Sparkman, 435 U.S. 349, 356-57, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978) (quoting Bradley, 80 U.S. (13 Wall.) at 351). “Jurisdiction should be broadly construed to effectuate the policies supporting immunity.” Ashelman v. Pope, 793 F.2d 1072, 1076 (9th Cir.1986) (en banc); see also Stump, 435 U.S. at 356, 98 S.Ct. 1099 (“Because ‘some of the most difficult and embarrassing questions which a judicial officer is called upon to consider and determine relate to his jurisdiction ...,’ the scope of the judge’s jurisdiction must be construed broadly .... ” (quoting Bradley, 80 U.S. (13 Wall.) at 352)) (citation omitted).

In determining judicial immunity, we have distinguished between acts “in excess of jurisdiction” and acts “in the clear absence of jurisdiction” by looking to the subject-matter jurisdiction of the judge: “[a] clear absence of all jurisdiction means a clear lack of all subject matter jurisdiction.” Mul lis v. U.S. Bankr.Court, Dist. of Nev., 828 F.2d 1385, 1389 (9th Cir.1987). In this case, the Governor’s review of Miller’s parole decision was not “clearly and completely outside the scope of [his] jurisdiction.” Demoran v. Witt, 781 F.2d 155, 158 (9th Cir.1986). Although Article V,[*1148] § 8(b) and Penal Code § 1304.2 on their face refer only to persons convicted of “murder,” it was not clear, at least before the California court clarified the scope of these provisions, [5] that the term “murder” did not encompass conspiracy to commit murder. Conspiracy to commit murder is certainly closely related to the substantive offense. Moreover, defendants convicted of conspiracy to commit murder in California are “punishable in the same manner and to the same extent as” defendants convicted of murder. CaLPenal Code § 182(a); see also id. (“[I]n the case of conspiracy to commit murder, ... the punishment shall be that prescribed for murder in the first degree.”). Thus, the state of California clearly considers the culpability of individuals who conspire to commit murder on a par with that of individuals who actually carry out the deed themselves. Given the close relationship between these two offenses, Governor Davis’s review of parole decisions involving a person convicted of conspiracy to commit murder was not clearly outside the scope of his jurisdiction. See Crooks v. Maynard, 913 F.2d 699, 701 (9th Cir.1990) (holding that a judge did not act in clear absence of all jurisdiction where he had “colorable authority” to take the action in question).

Although Governor Davis’s review of Miller’s parole grant, based on his erroneous reading of Article V, § 8(b), was in excess of his authority, it was not an act done in the “clear absence of all jurisdiction.” Cf. Schucker v. Rockwood, 846 F.2d 1202, 1204 (9th Cir.1988) (holding that a judge who “misinterpreted a statute and erroneously exercised jurisdiction” did not act in the “clear absence of all jurisdiction”). Accordingly, Governor Davis is entitled to absolute quasi-judicial immunity for his reversal of the Board’s decisions granting Miller parole. [6]

The district court’s dismissal of Miller’s claims as to Governor Davis is

AFFIRMED.

1

. We dispose of the remainder of Miller's claims in a separate memorandum disposition filed concurrently with this opinion.

2

. Section 3041.1 allows the Governor, "[u]p to 90 days prior to a scheduled release date,” to request the "review of any decision by a parole authority concerning the grant or denial of parole to any inmate in a state prison.” Cal.Penal Code § 3041.1.

3

.The state agencies named in Miller’s First Amended Complaint were the California Department of Corrections, the California Youth and Adult Correctional Agency, and the Board itself.

4

. Article V, § 8(b) was added to the California Constitution via an amendment (Proposition 89) approved by California voters in the November 1988 general election. See Rosenkrantz, 128 CaI.Rptr.2d 104, 59 P.3d at 206.

5

. When, after the Governor’s second denial of Miller’s parole grant, the California Court of Appeal declared that Article V, § 8(b) does not extend to persons convicted of conspiracy to commit murder, the Governor was put on notice that he had no authority to reverse parole decisions relating to such individuals. From that time on he would have acted in the clear absence of jurisdiction had he reviewed a parole decision in a conspiracy to commit murder case. See Bradley, 80 U.S. (13 Wall.) at 351-52 ("Where there is clearly no jurisdiction over the subject-matter any authority exercised is a usurped authority, and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible.") (emphasis added). In the present case, however, Governor Davis reviewed the Board's decision granting Miller parole before the California court had clarified the scope of his authority under Article V, § 8(b).

6

. Because we hold that Governor Davis is entitled to absolute immunity, we do not reach the statute of limitations question.