Keller-Bee v. State

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Petitioner filed a complaint against the State of Maryland alleging negligence and malfeasance of an unspecified clerk of the district court. Specifically, Petitioner alleged that she was injured as the direct and proximate result of the issuance of a body attachment. The State filed a motion to dismiss the complaint on the ground of absolute judicial immunity. The circuit court denied the motion, questioning whether the clerk was acting at the direction or under the supervision of a judge in generating the body attachment. The Court of Special Appeals reversed, concluding that the issuance of arrest warrants is a judicial act. The Court of Appeals affirmed, holding that Petitioner’s claims were barred by absolute judicial immunity because the clerk’s role in transmitting the application for a body attachment to the judge for signature was not the proximate cause of Petitioner’s wrongful arrest, but, rather, the judge’s act of signing the body attachment caused Petitioner’s injury. View "Keller-Bee v. State" on Justia Law