Harlow v. Clatterbuck

339 S.E.2d 181, 230 Va. 490, 1986 Va. LEXIS 151
CourtSupreme Court of Virginia
DecidedJanuary 17, 1986
DocketRecord 841361
StatusPublished
Cited by12 cases

This text of 339 S.E.2d 181 (Harlow v. Clatterbuck) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harlow v. Clatterbuck, 339 S.E.2d 181, 230 Va. 490, 1986 Va. LEXIS 151 (Va. 1986).

Opinions

STEPHENSON, J.,

delivered the opinion of the Court.

In this action for personal injuries, Laura Bombere Clatterbuck recovered a $210,000 judgment against defendants David Scott Harlow, Edward Voss, and Abdul Madyun, employees of the Virginia Department of Corrections (the Department)1. The dispositive issue in this appeal is whether the trial court erred in failing to dismiss the action on the ground that judicial immunity shields the defendants from civil liability.

Because of the narrow issue on appeal, we will state only those facts material to its resolution. Phillip A. Boyd, age 16, was found [492]*492guilty of assaulting a police officer by the Juvenile and Domestic Relations District Court of Fairfax County. In accordance with former Code § 16.1-180 (now Code § 16.1-285), Boyd was committed on October 12, 1976, to the Department for an indeterminate period, not to extend beyond his 21st birthday. Based on its evaluation of Boyd’s delinquent status and social needs, the Department assigned Boyd to Beaumont Learning Center (Beaumont), a medium security institution without locks or guards.

At Beaumont, a team that included teachers, “house parents,” a vocational instructor, and a rehabilitative counselor prepared a “treatment plan” for Boyd. This treatment team regularly scrutinized Boyd’s conduct and monitored his progress throughout his confinement at Beaumont.

In January, 1977, defendant Madyun became Boyd’s rehabilitative counselor. Madyun observed Boyd’s relatively good behavior and, accordingly, prepared a letter in May, 1977, recommending that Boyd be discharged directly to his home under the supervision of his mother. Madyun’s letter outlined Boyd’s social needs and delinquent status at the time of his commitment and noted the progress he made while at Beaumont.

Boyd’s aftercare counselor in Fairfax County reviewed and concurred in Madyun’s recommendation. Madyun’s letter was then forwarded to defendant Voss, Beaumont’s director, who agreed with the proposal to discharge Boyd directly.

Finally, Madyun’s letter was forwarded to defendant Harlow, the Department of Corrections’ aftercare supervisor, who was responsible for making the final decision regarding Boyd’s proposed discharge. Harlow reviewed Boyd’s record, including his “needs assessment” developed at the time of his commitment, psychological test data, and progress reports prepared during his confinement. Additionally, Harlow compared Boyd’s delinquency prior to his commitment with his conduct and performance while at Beaumont and determined the latter to be more significant. Based on his review, and after notifying the Fairfax County court, Harlow issued a discharge order for Boyd on June 8, 1977.

About 12 weeks after his discharge, Boyd and four accomplices robbed and cut the throats of Clatterbuck and three others. All four victims survived. Boyd, together with his accomplices, was convicted of this crime and is currently serving 60 years in the penitentiary.

[493]*493In her motion for judgment, Clatterbuck asserts that the defendants knew or should have known that Boyd presented a danger to members of the public. Accordingly, Clatterbuck alleges that the defendants were grossly negligent in discharging Boyd without aftercare supervision and that this negligence proximately caused her injuries. Alternatively, Clatterbuck claims that the defendants are liable for her injuries because they failed to perform certain ministerial duties imposed upon them by statute and Department regulations.

Although the defendants have assigned a number of errors, we need address only one. Defendants contend on appeal, as they did at trial, that they are shielded from civil liability under the doctrine of judicial immunity.

It is clear that judges enjoy absolute immunity from civil liability, even when they act maliciously or corruptly or in excess of their jurisdiction. Judges can be held liable only when they act in “clear absence of all jurisdiction.” Johnston v. Moorman, 80 Va. 131, 142 (1885). Compelling public policy in maintaining judicial independence is the basis for judicial immunity. A judicial officer must be able to exercise his judgment fully, freely, impartially, and without fear of being sued for damages by dissatisfied persons. Id. at 139.

Although judicial immunity, in its strictest sense, is limited to judges, quasi-judicial immunity may extend to other public officials acting within their jurisdiction, in good faith and while performing judicial functions. See Yates v. Ley, 121 Va. 265, 270, 92 S.E. 837, 839 (1917); Johnston, 80 Va. at 139, 141-42. In Yates, a notary public, in violation of applicable law, certified an acknowledgment on a deed of trust in which he was the trustee. Consequently, the acknowledgment was void, and the creditor was deprived of the lien represented by the deed of trust. In the creditor’s action for damages against the notary, we held that the taking and certifying of an acknowledgment is a judicial act, and that because the notary acted within his jurisdiction and in good faith, he was absolutely immune from civil liability.

Similarly, in Johnston, a city mayor was sued for ordering the arrest and imprisonment of the plaintiff. We held that, because the act complained of “was done in the discharge of a judicial function,” the doctrine of judicial immunity shielded the mayor from civil liability. 80 Va. at 146.

[494]*494We must decide, therefore, whether the defendants were (1) performing judicial functions, (2) acting within their jurisdiction, and (3) acting in good faith.

First, we determine whether the defendants were performing judicial functions. In making this determination, we adopt the “functional comparability” test established by the United States Supreme Court in Butz v. Economou, 438 U.S. 478 (1978). Under this test, we must ascertain whether the procedure in question “shares enough of the characteristics of the judicial process that those who participate in such adjudication should also be immune from suits for damages.” Id. at 512-13.

Because Boyd’s commitment was indeterminate, the length of his confinement at Beaumont was a matter resting solely within the discretion of the Department. In exercising that discretion, the Department was required to consider the “welfare of the child and the interests of the public.” Former Code § 16.1-180. Thus, the Department’s role “shares enough of the characteristics of the judicial process” that the members of the Department who make these judgments must be immune from civil liability. Indeed, we believe the defendants’ functions in this case possessed more judicial characteristics and responsibilities than those of either the notary in Yates or the mayor in Johnston. Moreover, the judgments made by the Department’s employees under former Code § 16.1-180 are similar to those made by a court when it imposes sentences or determines probation revocations.

Specifically, Harlow’s function was to examine Boyd’s pre- and post-commitment records, review the recommendations made by Boyd’s counselor, and decide whether, and under what conditions, Boyd should be released.

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Harlow v. Clatterbuck
339 S.E.2d 181 (Supreme Court of Virginia, 1986)

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Bluebook (online)
339 S.E.2d 181, 230 Va. 490, 1986 Va. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harlow-v-clatterbuck-va-1986.