Ex parte Kim McCarson

Summary

The Supreme Court of Alabama grants Kim McCarson's petition for a writ of mandamus and directs the Calhoun Circuit Court to dismiss Steve Williams's damages complaint against her. The Court holds that Alabama Code § 12-17-5 provides circuit clerks absolute judicial immunity for liability arising from duties listed in § 12-17-94(a), including issuing a bondsman's process, without regard to whether the act is discretionary or ministerial. The Court further concludes that the immunity supports dismissal at the pleading stage and does not bar prospective injunctive or declaratory relief.

Holdings

1. Alabama Code § 12-17-5 grants a circuit clerk absolute judicial immunity from liability arising from the execution of all duties provided by § 12-17-94(a), including the issuance of a bondsman's process; the statute does not distinguish between discretionary and ministerial duties.
2. A circuit clerk's alleged error, malice, or action in excess of authority does not defeat the absolute judicial immunity provided by § 12-17-5 for damages liability.
3. Absolute immunity supports dismissal under Rule 12(b), and the circuit court erred by deferring the immunity determination until summary judgment.

Questions Presented

1. Whether Alabama Code § 12-17-5 grants a circuit clerk absolute judicial immunity from damages liability for claims arising from the issuance of a bondsman's process, regardless of whether the act is discretionary or ministerial.
2. Whether the alleged charging of a $10 fee, even if beyond the clerk's authority or unlawful, defeats the statutory absolute immunity.
3. Whether the circuit court's denial of McCarson's immunity-based motion to dismiss was subject to correction by mandamus.

Disposition

writ_granted