In Almon v. Gibbs, 545 So. 2d 18, 20 (Ala. 1989) the clerk of court was sued for failing to issue a warrant. 545 So. 2d at 20.
The Court held that the determination of whether probable cause existed to issue a warrant is a judicial act, an act that properly affords judicial immunity. Id.
The situation with which we are confronted today is whether a magistrate should be protected by judicial immunity for failure to properly recall a warrant.