Where Superior Court judges in Pennsylvania are deprived by statute of jurisdiction to make findings of fact and credibility determinations as appellate judges, are their defamatory findings about petitioner in their opinion actionable as a 'usurpation of authority' within the meaning of Bradley v. Fisher, 80 (18 Wall.) 335, 351352 (1872) or merely actions 'in excess of jurisdiction' protected by judicial immunity?

QUESTION(S) PRESENTED 1. Where Superior Court judges in Pennsylvania are deprived by statute of jurisdiction to make findings of fact and credibility determinations as appellate judges, are their defamatory findings about petitioner in their opinion actionable as a “usurpation of authority” within the meaning of Bradley v. Fisher, 80 (18 Wall.) 335, 351352 (1872) or merely actions “in excess of jurisdiction” protected by judicial immunity? 2. When appellate judges in their opinion stray into defamatory fact-finding and yet lack the statutory jurisdiction to do so, are they nonetheless immune from suit where petitioner seeks only non-monetary relief?