Duff v. Lewis

In Duff v. Lewis, 114 Nev. 564, 958 P.2d 82 (1998), the plaintiff, who unsuccessfully sought modification of a custody order in a postdivorce proceeding, brought a negligence action against the defendant, a court-appointed psychologist, who issued a report to the trial court recommending that the former wife be given custody of the minor children. The trial court granted the defendant's motion to dismiss on the pleadings, concluding that the defendant enjoyed quasi-judicial immunity. Duff, 114 Nev. at 567-569. The Supreme Court of Nevada affirmed, holding that application of the doctrine of quasi-judicial immunity to a court-appointed psychologist making custody recommendations was proper, notwithstanding the fact that the psychologist's performance was found to be deficient by a professional licensing board, because such individuals are a valuable and integral function in assisting courts in evaluating custody cases. Duff, 114 Nev. at 570-571. The Court stated: The common law doctrine of absolute immunity extends to all persons who are an integral part of the judicial process. The purpose behind a grant of absolute immunity is to preserve the independent decision-making and truthfulness of critical judicial participants without subjecting them to the fear and apprehension that may result from a threat of personal liability. "Absolute immunity is thus necessary to assure that judges, advocates, and witnesses can perform their respective functions without harassment or intimidation." Additional reasons for allowing absolute judicial immunity include: "(1) the need to save judicial time in defending suits; (2) the need for finality in the resolution of disputes; (3) to prevent deterring competent persons from taking office; (4) to prevent the threat of lawsuit from discouraging independent action; and (5) the existence of adequate procedural safeguards such as change of venue and appellate review." These policy reasons apply equally to court-appointed officials such as psychologists and psychiatrists who assist the court in making decisions. Without immunity, these professionals risk exposure to lawsuits whenever they perform quasi-judicial duties. Exposure to liability could deter their acceptance of court appointments or color their recommendations. Duff, 114 Nev. at 568-569 . The Court confronted "the issue of whether court-appointed professionals assisting the judge in evaluating individuals involved in a legal action are entitled to absolute quasi-judicial immunity." Duff, 114 Nev. at 568, 958 P.2d at 85. After the Nevada State Board of Psychological Examiners reprimanded a psychologist involved in Duff, Duff filed suit against the psychologist seeking damages for the psychologist's alleged negligence. In discussing whether court-appointed experts should be granted immunity, we noted that the psychologist in Duff "was serving as 'an arm of the court' and 'performed a function integral to the judicial process.'" Id. at 570, 958 P.2d at 86. Should experts be exposed to liability for performing quasi-judicial duties, we observed that it would deter experts from accepting court appointments or could affect an expert's recommendations. Ultimately, the Court held that the psychologist was "entitled to absolute quasi-judicial immunity from Duff's suit because '(1) at least to some extent, his evaluations and recommendations aided the trial court in determining child custody, and (2) his services were performed pursuant to a court order.'" Id. at 571, 958 P.2d at 87.