· 2/29/1972
Milton McCray v. State of Maryland
Citations
- 456 F.2d 1
- 1972 U.S. App. LEXIS 11018
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that clerks have “derivative immunity” when they act under the direction of the court
- holding that clerks have “derivative immunity” when they act under the direction of the court
- holding that quasi-judicial immunity does not extend to clerk’s performance of “required ministerial act[s] such as properly filing papers”
- holding that the analysis by the court in McCray regarding liability for negligent conduct in an action brought pursuant to 42 U.S.C. § 1983 was inconsistent with United States Supreme Court case law
- holding that the Clerk of the Baltimore City Court was not entitled to judicial immunity for failing to file court documents since the filing of documents is a mandatory, rather than a discretionary, function
- observing that the law provides immunity for those whose actions are taken \in obedience to a judicial order or under the court's direction\
Source: CourtListener parenthetical corpus (CC0).
Judges: Sobeloff, Bryan, Winter
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.