Case Summaries 
of Importance to Counties

2011 Court Clerks

• Jackson v. Thomas, 36 TAM 17-6—Plaintiff was arrested based on a warrant issued for a worthless check charge.  Plaintiff sued the Circuit Court Clerk individually and in his official capacity as clerk.  Plaintiff alleged that the clerk had violated 42 USC 1983 and 1988 and asserted claims of false imprisonment, false arrest, abuse of process, invasion of right to privacy, defamation of character, negligent infliction of emotional distress, intentional infliction of emotional distress, fraud, and malicious prosecutions as well as claims under the Tennessee Governmental Tort Liability Act (GTLA).  The Court found that the lower court had properly dismissed the actions against the clerk and that the clerk was immune from these claims based on quasi-judicial immunity.  In issuing the warrant, the clerk was engaging in actions integral to the judicial process and according to the Court, because act of issuing warrant is judicial function, immunity extends to court clerk who issues warrant, even if warrant was issued erroneously (March 23, 2011).