Calhoun v. City of Providence

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that judges must be able to function “freely, independently, and untrammeled by the possibilities of personal liability”
• finding that because of “bookkeeping slip-up, either the issuance of the capias was never docketed or the recall order was never entered” and clerk not immune for failure to perform ministerial function
• finding no waiver of state's sovereign immunity under Tort Claims Act where responsible official entitled to personal \discretionary function\ immunity because threat of subjecting state to liability would deter official's independent decisionmaking
• rejecting contention that the Legislature intended § 9-31-1 “to operate so as to impose liability upon the state for any and all acts or omissions of its employees and officers which might cause injury to persons”
• § 9-31-1 not meant to apply to all governmental functions; line of demarcation drawn with respect to judicial, prosecu-torial, and legislative immunities
• clerk’s negligent failure to record order recalling outstanding capias resulted in wrongful arrest of specific identifiable individual under circumstances where clerk was not clothed with judicial immunity

Source: CourtListener parenthetical corpus (CC0).