105 So. 3d 650
Fla. Dist. Ct. App.2013Background
- Plaintiffs are Claudia J. Fong and Melanie I. Birken, representing a class, suing Howard C. Forman (Clerk) in Broward County.
- Plaintiffs received non-criminal traffic citations and were sent a Ticket Bill of Rights outlining options to resolve them.
- They could pay, attend driver improvement school, or request a hearing; none were pursued within the time limit.
- The Clerk reported them to DHSMV, which suspended their licenses; reinstatement required a fee.
- Plaintiffs sued claiming under § 318.14(1), Fla. Stat. (1998) the Clerk had to cite them to appear before an official before reporting to DHSMV, and the Clerk’s policy was illegal.
- Trial court dismissed, holding judicial immunity barred the suit; Plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does judicial immunity bar suit against a clerk acting under a judge's directive? | Fong argues immunity does not extend to the Clerk. | Forman argues immunity applies to clerks executing judicial acts. | Yes; immunity bars the suit. |
| Is the challenge to the administrative order proper via collateral attack or certiorari? | Plaintiffs sought to attack the order indirectly through the Clerk. | Clerk follows an administrative order; immunity shields suit. | Collateral attack barred; proper avenue was certiorari, but immunity forecloses the action. |
| Does following a chief judge’s administrative order trigger judicial immunity for the clerk? | Clerk should not be immunized for independent enforcement actions. | Clerk acted under judicial directive, thus immune. | Yes; clerical actions under a judge’s directive are immune. |
| May a court consider the existence of the administrative order outside the complaint on immunity motions? | Such consideration is improper if not in the four corners. | Immunity implicates subject matter jurisdiction; outside materials may be considered. | Proper to consider; immunity implicates jurisdiction. |
Key Cases Cited
- Fuller v. Truncate, 50 So.3d 25 (Fla. 1st DCA 2010) (clerk immune when acting under judge's directive)
- Kincaid v. Vail, 969 F.2d 594 (7th Cir.1992) (clerk immune when following judicial directive)
- Richman v. Sheahan, 270 F.Sd 430 (7th Cir.2001) (immunity extends to court personnel closely directing judicial process)
- Berry v. State, 400 So.2d 80 (Fla. 4th DCA 1981) (judicial immunity essential to independent judiciary)
- Seminole Tribe of Fla. v. McCor, 903 So.2d 353 (Fla. 2d DCA 2005) (trial court may consider outside pleadings for immunity defenses)
- Morgan v. Dep't of Envtl. Prot., 98 So.3d 651 (Fla. 3d DCA 2012) (immunity implications discussed with outside-the-pleadings context)
- Office of State Attorney, Fourth Judicial Cir. of Fla. v. Parrotino, 628 So.2d 1097 (Fla.1993) (immunity and official actions analyzed in context of court personnel)
- 1-888-Traffic Schls. v. Chief Cir. Judge, Fourth Judicial Cir., 734 So.2d 413 (Fla.1999) (proper method to challenge circuit administrator's authority via writ of certiorari)