Penn v. McMonagle

In Penn v. McMonagle (1990), 60 Ohio App.3d 149, 152, 573 N.E.2d 1234, the Sixth Appellate District held that a guardian ad litem "is entitled to absolute immunity from actions arising out of the performance of her duties as guardian ad litem." The Penn court adopted the reasoning of the Sixth Circuit Court of Appeals in Kurzawa v. Mueller (C.A. 6, 1984), 732 F.2d 1456, 1458, wherein the court stated: "a guardian ad litem must act in the best interests of the child he represents. Such a position clearly places him squarely within the judicial process to accomplish that goal. A guardian ad litem must also be able to function without the worry of possible later harassment and intimidation from dissatisfied parents. Consequently, a grant of absolute immunity would be appropriate. A failure to grant immunity would hamper the duties of a guardian ad litem in his role as advocate for the child in judicial proceedings."