Fisher
Fisher v. Pickens
Opinion
Opinion
McDANIEL, J.
Before the action underlying this appeal was filed, Lynda Brown, plaintiff’s adult daughter, was appointed conservator of the person of Lizabeth, plaintiff’s developmentally disabled daughter. After the conservatorship was established, plaintiff brought suit against 13 defendants, including George R. Pickens, a court investigator who prepared a report for the probate court’s use in the conservatorship proceeding. Plaintiff’s grievance arose from his perception that defendant’s supposed malfeasance, in a variety of forms incident to the preparation of this report, resulted in the wrongful establishment of the conservatorship.
Plaintiff’s picturesque theories of liability, as pleaded in his complaint, were tested by a motion for judgment on the pleadings, and found wanting. A judgment of dismissal was entered accordingly, and this appeal followed. In affirming the judgment, we hold that the defendant, as a court investigator, is entitled to absolute judicial immunity with respect to the kind of action brought here. Otherwise, we hold that the common law concept of absolute judicial immunity, contrary to plaintiff’s contention, was not abridged by the Tort Claims…