44 A.3d 465
N.H.2012Background
- Plaintiff Surprenant sues guardian ad litem Mulcrone for allegedly negligent statements and breach of implied covenant in her final report.
- Mulcrone served as GAL in a contested parenting time case and prepared a January 2011 final report for the court.
- The report disclosed plaintiff's incomplete disclosure of criminal history and listed prior NH and FL offenses as troubling.
- Plaintiff filed suit in June 2011, arguing negligence and breach of contract; defendant moved to dismiss based on absolute quasi-judicial immunity.
- Trial court granted the motion to dismiss; issue on appeal is whether GAL is entitled to absolute quasi-judicial immunity for duties performed in her GAL role.
- Court affirms, holding GAL acts are integral to the judicial process and immune from liability; physician-like scrutiny of motives is inappropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GAL immunity applies to final report actions | Surprenant argues immunity does not apply to negligent/contract claims | Mulcrone acted as a court-appointed GAL and immune | Immunity applies; dismissal upheld |
| Whether being an attorney changes immunity scope | Attorney status should negate blanket immunity | Act matters, not title; acts were in GAL role | Attorney status does not defeat immunity; acts were GAL duties under immunity |
| Nature of GAL duties protected by immunity | Statements in report are outside judicial functions | Duties are integral to judicial process and protected | GAL duties in investigation/reporting are quasi-judicially immune |
Key Cases Cited
- Gould v. Director, N.H. Div. of Motor Vehicles, 138 N.H. 343 (1994) (immunity for acts within judicial functions extended in state)
- Beane v. Dana Beane & Co., 160 N.H. 708 (2010) (limits on allegations and threshold inquiry in dismissal standards)
- McNamara v. Hersh, 157 N.H. 72 (2008) (standard for reviewing motions to dismiss under reasonable construction)
- Cok v. Cosentino, 876 F.2d 1 (1st Cir. 1989) (GAL acts as court's agent; protected by absolute immunity)
- Marr v. Maine Dept. of Human Services, 215 F.Supp.2d 261 (D. Me. 2002) (conduct closely related to judicial process warrants immunity)