Fleming v. Asbill: South Carolina Guardian Ad Litem Not Immune from Civil Liability
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Authors
McIntyre, Holly Marie
Issue Date
1996
Volume
29
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|With increasing regularity, family courts have been appointing guardians ad litem for children involved in custody disputes. In child custody cases, a court appoints a guardian ad litem by "statute, rule, or law with the right, obligation and duty to make recommendations concerning the best interest of the children to the court." With the increase in the appointment of guardians ad litem in custody cases, federal courts have been confronted with a growing number of lawsuits brought against guardians for deprivation of civil rights under Title 42 of the United States Code section 1983 ("section 1983"). Additionally, federal and state courts have been increasingly confronted with actions at common law for negligence. Commonly, the guardians ad litem defend the section 1983 and common law claims by asserting immunity. The majority of federal and state courts have held that guardians ad litem are absolutely immune from liability in their role as quasi-judicial officers...
Description
Citation
29 Creighton L. Rev. 1711 (1995-1996)
Publisher
Creighton University School of Law