Jamie Satterfield has a story today about the first lawsuit against Criminal Court Clerk Joy McCroskey being thrown out.
Basically, you can’t sue the position.
A Knox County judge on Friday announced that what would have been a test case of the legal liability for Criminal Court Clerk Joy McCroskey’s mistakes had been dismissed.
Circuit Court Judge Harold Wimberly was to have heard a motion by the Knox County Law Department seeking to toss out of court a wrongful arrest lawsuit filed by Jodi Denise White against McCroskey and the county.
White’s lawsuit came last year in the wake of revelations of widespread and systemic foul-ups attributed to McCroskey and her staff. She was the first and, right now, was the only one of more than a half dozen people who contended they were wrongfully arrested as a result of clerk error to file suit.
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Chief Deputy Law Director David Buuck contended in his motion to dismiss White’s lawsuit both McCroskey and the county are immune from legal action in these type cases. McCroskey, he wrote, is immune because she was acting as a “quasi” judge, and judges are protected from lawsuits for carrying out the duties of the court.
The Governmental Tort Liability Act bars false arrest claims against the county unless White via attorney William Taylor can prove a pattern of gross misconduct.
Taylor argued White’s case falls into an immunity exemption for the negligent infliction of emotional distress on White.