Rachel Evens v. David Gilbertson, et al.
1: What constitutes "acts in excess of jurisdiction" versus "the clear absence of subject-matter jurisdiction", with the judges being subject to civil liability in the latter and not granted judicial immunity?
Does absolute judicial immunity apply where exclusive jurisdiction is "conferred by law upon some other court, board, or officer," and extensive statute or case law prohibits the judge from considering a petition for divorce and custody of minor children who are residents of another state?
2: Does Younger abstention doctrine apply to nullified and voided state proceedings? Or did the circuit court err in determining that abstention was required when a South Dakota court is illegally presiding over nullified Montana resident minor custody proceedings?
What constitutes 'acts in excess of jurisdiction' versus 'the clear absence of subject-matter jurisdiction', with the judges being subject to civil liability in the latter and not granted judicial immunity?