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Sheryll Nation v. Colla9/26/1991
nity does not because the issue whether the caseworker acted with malice is still on the judicial table. Thus, in Arizona at least, the public policy reason for granting absolute immunity is not present because that same caseworker is going to be faced with a state tort claim in which only qualified immunity is afforded.
I therefore conclude that, although the issue of granting immunity is a federal question, in the absence of a federal decision in the matter, deference should be given to the Arizona statute.
I would therefore affirm the trial court's action on the ยง 1983 claim, and remand on the state tort claim.
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