Meranda MARTIN, Successor Special Administratrix of the Estate of Virgil Brown, Jr., Deceased, Appellant
v.
Dr. Leslie SMITH, Appellee
Rehearing Denied August 1, 2019
Page 33
APPEAL
FROM THE PULASKI COUNTY CIRCUIT COURT, SEVENTEENTH DIVISION
[NO. 60CV-13-4061], HONORABLE MACKIE M. PIERCE, JUDGE
Bennie
ONeil, North Little Rock, for appellant.
Anderson,
Murphy & Hopkins, L.L.P., Little Rock, by: Mark D. Wankum,
for appellee.
OPINION
SHAWN
A. WOMACK, Associate Justice
Page 34
Meranda Martin, on behalf of her deceased fathers estate,
appeals the circuit courts order granting summary judgment
to Dr. Leslie Smith based on quasi-judicial immunity. Because
the underlying suit seeks to hold Dr. Smith liable for his
performance of functions integral to the judicial process, we
hold he is entitled to quasi-judicial immunity for those
actions and therefore affirm.
I.
Background
In the
early hours of November 30, 2011, Kenneth McFadden brutally
stabbed Virgil Brown, Jr., to death in the apartment they
shared. At the time of the murder, McFadden was in custody of
Greater Assistance to Those in Need, Inc. ("Gain"),
as part of his conditional release under Act 911 of 1989.
See Ark. Code Ann. § 5-2-315 (Repl. 2013). Under the
terms of the conditional release order, McFadden was also
receiving psychiatric treatment provided by Gains medical
director, board-certified psychiatrist Dr. Leslie Smith.
McFadden
had been on conditional release since 2004.[1] That year,
McFadden was acquitted of third-degree battery, second
offense, by reason of mental disease or defect. He was
subsequently diagnosed with schizophrenia and conditionally
released under Act 911. The controlling order at the time of
Browns murder released McFadden into Gains custody for the
purpose of receiving his prescribed treatment for
schizophrenia. The order named Gain as the responsible agency
for monitoring McFaddens compliance with his prescribed
treatment regimen. McFadden was ordered to comply with the
prescribed regimen and was required to have regular personal
contact with an Act 911 compliance monitor to verify
compliance. The monitor was required to periodically inform
the circuit court of McFaddens compliance with the terms of
release.
Act 911
also imposes responsibilities on the "person ordered to
be in charge" of the prescribed treatment regimen. Ark.
Code Ann. § 5-2-315(e). As relevant here, that person was
required to: (1) provide McFadden with the prescribed
treatment regimen; (2) submit periodic written documentation
to the Act 911 monitor regarding McFaddens compliance with
the regimen; and (3) submit written notice of McFaddens
failure to comply with the regimen to the Act 911 monitor,
the attorneys involved in the case, and the circuit court.
Id. The conditional release order commanded Gain to
carry out these duties, rather than a specific person as
contemplated by the statutory language of Act 911. Dr. Smith
carried out these responsibilities by serving as McFaddens
treating physician and informing the circuit court of
McFaddens condition and compliance with the prescribed
regimen.
Meranda Martin, Browns daughter, filed the underlying action
against Dr. Smith on behalf of her fathers estate. Martin
claimed that Dr. Smiths alleged failure to provide adequate
treatment to McFadden rendered him liable for her fathers
death. Dr. Smith asserted absolute quasi-judicial immunity
and moved for summary judgment. The circuit court found that
Dr. Smith was entitled to immunity because his treatment and
medical care of McFadden arose solely from the conditional
release order and was within the scope of that ...