Parker v. State

653 A.2d 436, 337 Md. 271, 1995 Md. LEXIS 17
Court of Appeals of Maryland·Decided February 7, 1995·No. No. 99·Published·Cited by 50 cases

Opinion

ELDRIDGE, Judge.

This case concerns the nature and scope of judicial immunity from tort actions, both under Maryland law and under 42 U.S.C. § 1983.

I.

The facts are not in dispute. On April 14, 1988, Doris E. Parker was convicted in the District Court of Maryland of driving in excess of the speed limit, was fined $150, and was assessed $5 in court costs. Parker appealed her conviction to the Circuit Court for Baltimore City, and a de novo appeal in that court was scheduled for July 26, 1988. Upon Parker’s failure to appear on that date, the circuit court determined that she had waived her right to a de novo appeal and entered as its judgment the judgment of the District Court.1 By August 5,1988, Parker had not paid the fine, and on that date, [274] Judge Roger W. Brown of the Circuit Court for Baltimore City issued a warrant for her arrest. The Baltimore County Police Department made various attempts to serve Parker with this warrant but was unable to do so.

On May 31, 1989, ten months after the date scheduled for the de novo appeal, Parker filed a motion in the circuit court to strike the dismissal and to reinstate proceedings. Judge Brown granted the motion and quashed the earlier warrant for Parker’s arrest. An appeal de novo was held before another circuit court judge on September 22, 1989, at which Parker was acquitted of the speeding offense.

On December 7, 1989, however, the Sheriff of Baltimore City appeared before Judge Brown and requested a second arrest warrant on the basis of Parker’s “continued” failure to pay the $150 fine levied on July 26,1988. Judge Brown issued the warrant without calling for the case file from the clerk’s office or reviewing the docket entries which reflected Parker’s September 22, 1989, acquittal. At 9:30 in the morning on January 17, 1990, Parker was arrested at her home in Baltimore County, taken to the Woodlawn police precinct in Baltimore County and detained there throughout the day until she [275] paid the $150 fíne. Judge Brown ultimately quashed the arrest warrant on January 19, 1990.

Parker filed the present action for damages in the Circuit Court for Baltimore County against the State of Maryland under the Maryland Tort Claims Act, Code (1984, 1993 Repl. Vol., 1994 Cum.Supp.), §§ 12-101 through 12-110 of the State Government Article, alleging false imprisonment, false arrest and negligence on the part of Judge Brown and the Clerk, Deputy Clerk and Assistant Clerk of the Circuit Court for Baltimore City.2 Parker also sued the individual defendants under 42 U.S.C. § 1983, for the erroneous issuance of the warrant.

The defendants moved to dismiss on the grounds, inter alia, 1) that the complaint failed to state a claim upon which relief could be granted against the clerks because the clerks played no part in the issuance of the warrant, 2) that Judge Brown was entitled to absolute immunity for his judicial acts, and 3) that, if Judge Brown was immune from suit, the State could not be held liable under the Maryland Tort Claims Act for his actions. Parker then filed an amended complaint, adding the sheriff and a deputy sheriff of Baltimore City as defendants based on information contained in an affidavit submitted by Judge Brown regarding the incident. On the same day that the amended complaint was filed, the circuit court signed an order granting the defendants’ motion and dismissing the action with prejudice. Parker then filed a motion to alter the circuit court’s decision pursuant to Maryland Rule 2-534, requesting that the court reconsider its dismissal in light of the allegations in the amended complaint. After a hearing, the circuit court issued a second order denying Parker’s motion to alter the original order of dismissal, but stating that [276] the dismissal was without prejudice to the plaintiffs bringing a new action against the sheriff and deputy sheriff.

Parker appealed to the Court of Special Appeals, complaining about the dismissal of her action against Judge Brown and the State of Maryland.3 Parker argued that Judge Brown was not entitled to judicial immunity because he had lacked both subject matter jurisdiction over Parker’s case and personal jurisdiction over Parker when he issued the arrest warrant. While the Court of Special Appeals rejected this argument and held Judge Brown absolutely immune from suit, it did so on the basis that, under the constitutional and statutory provisions granting jurisdiction to the circuit court, Judge Brown was authorized in the circumstances to issue, the warrant. Parker v. State, 92 Md.App. 540, 547, 609 A.2d 347, 351 (1992). In addition, the Court of Special Appeals held that judicial immunity attached if “the judge had general subject matter jurisdiction, whether or not he or she also possessed personal jurisdiction over the plaintiff.” 92 Md.App. at 551, 609 A.2d at 352.

Parker petitioned this Court for a writ of certiorari, arguing, as she had in the Court of Special Appeals, that Judge Brown could not be held judicially immune from suit because he had lacked jurisdiction to issue a warrant for Parker’s arrest. Concerned by the approach of both the petitioner and the Court of Special Appeals to the issue of judicial immunity in this case, we granted Parker’s petition for a writ of certiorari.

II.

Parker sued the State of Maryland for damages, under the Maryland Tort Claims Act, Code (1984, 1993 Repl.Vol., [277]*2771994 Cum.Supp.), §§ 12-101 through 12-110 of the State Government Article, based on Judge Brown’s allegedly tortious conduct. The parties to the present case have agreed that if Judge Brown is immune from suit, then the State of Maryland will not be liable under the Tort Claims Act. Accordingly, Parker’s state law claims were properly dismissed if Judge Brown is entitled to the common law defense of absolute judicial immunity.

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Parker v. State, 653 A.2d 436, 337 Md. 271, 1995 Md. LEXIS 17 (Md. 1995).

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