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Sanders v. Leavitt8/31/2001
volous and that damages and attorney fees should be awarded pursuant to rule 33 of the Utah Rules of Appellate Procedure.
A. All Defendants but the Division of Child and Family Services
All of the defendants except for DCFS were dismissed following motions to dismiss. "Because the propriety of a motion to dismiss is a question of law, we review for correctness, giving no deference to the decision of the trial court." Krouse v. Bower, 2001 UT 28, 2, 20 P.3d 895, 897 (citing St. Benedict's Dev. Co. v. St. Benedict's Hosp., 811 P.2d 194, 196 (Utah 1991)).
First, we conclude that all of the state defendants, except DCFS, were appropriately dismissed because plaintiff failed to provide them with notice of his claim as required by section 63-30-12 of the Utah Code. Plaintiff does not contest that he failed to do so. Consequently, plaintiff's claim against the state defendants is barred. See Utah Code Ann ยง 63-30-12 (1997).
Second, plaintiff's complaint against the monitoring panel defendants is also barred. It is well settled that judicial officers are absolutely immune from liability for damages for acts performed in their judicial capacities and committed within their judicial jurisdiction. See, e.g., Forrester v. White, 484 U.S. 219, 225-29 (1988); Bradley v. Fisher, 13 Wall. 335 (1872). This absolute judicial immunity has been extended to others who perform functions closely related to the judicial process. See Cleavinger v. Saxner, 474 U.S. 193, 199-200 (1985). Because absolute immunity flows not from the status of the official, but from the nature of the responsibilities of the official, the United States Supreme Court has listed several factors, among others, as guidance for consideration in determining absolute as contrasted with qualified immunity:
(a) the need to assure that the individual can perform his functions without harassment or intimidation; (b) the presence of safeguards that reduce the need for private damages actions as a means of controlling unconstitutional conduct; (c) insulation from political influence; (d) the importance of precedent; (e) the adversary nature of the process; and (f) the correctability of error on appeal. Cleavinger, 474 U.S. at 202.
We conclude that the monitoring panel acts in a judicial role and is therefore immune from suit for the negligence alleged by plaintiff. The monitoring panel was devised as part of the settlement agreement between the State of Utah and the plaintiff class in the case of David C. The monitoring panel's purpose is to act on behalf of the federal district court to monitor compliance with the settlement agreement and report on whether the parties, particularly the defendants, comply with the settlement agreement. Specifically, the role of the monitoring panel is to determine "overall, systematic patterns of compliance or non-compliance, not on isolated instances . . . ." The panel's findings are published as a public document.
Before they are published, however, the findings are provided to counsel for both sides for suggestions regarding the redaction of privileged information. If the monitoring panel determines that the defendants are not in compliance, the decision is reviewable by the federal district court.
The monitoring panel must be able to perform its function of ensuring compliance without harassment or intimidation. The oversight by the federal district court, a safeguard, reduces the need for private damages actions as a means of controlling unconstitutional conduct, and sufficiently insulates the panel from political influence. The monitoring panel is controlled by the settlement agreement, and its responsibility to oversee
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