McCleery v. Leach

In McCleery v. Leach 11th Dist. No. 2001-L-195, 2003 Ohio 1875, the defendant had been ordered to conduct a psychological evaluation of the plaintiff to assist the domestic relations court in determining the allocation of parental rights and responsibilities. Id. at P43. The McCleery court determined that, under such a directive, defendant "was acting as an arm of the court and only carrying out a duty imposed upon him by the court order, regardless of whether the duty was to produce an evaluation or to testify. In other words, defendant 'performed a function integral to the judicial process. As arms of the court, defendant is entitled to the absolute immunity given to judges and other judicial officials.'" Id. at P44. The McCleery court reasoned that if court-appointed psychologists were subject to suit, they would be less willing to serve or their objectivity might be adversely affected. Id. at P42.