The Jnc Companies, an Arizona Corporation, Plaintiff-appellant, v. Lawrence Ollason, in His Individual Capacity, and Marchaollason, Husband and Wife, Defendants-appellees, 996 F.2d 1225 (9th Cir. 1993)

Before: GOODWIN, NORRIS and RYMER, Circuit Judges

MEMORANDUM^** 

The JNC Companies appeal the district court's grant of summary judgment in favor of Lawrence and Marcha Ollason in an action under the Constitution pursuant to Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

JNC argues that United States Bankruptcy Judge Lawrence Ollason is not protected by absolute judicial immunity from liability for damages for his order authorizing the trustee of JNC's bankruptcy estate, Fred T. Boice, to negotiate and enter a nolo contendere plea in Arizona court to a charge of criminal violation of Arizona securities law. We disagree. Judge Ollason's order was a judicial act, see Mireles v. Waco, --- U.S. ----, 112 S. Ct. 286, 288; Ashelman v. Pope, 793 F.2d 1072, 1075-76 (9th Cir. 1986), which was not done "in the 'clear absence of all jurisdiction,' " Ashelman, 793 F.2d at 1075 ( quoting Bradley v. Fisher, 80 U.S. (13 Wall.) 335, 351 (1872)).

AFFIRMED.