Edward McLallen v. Jack Henderson, Off. Court Stenographer, 30th Jud. Circuit of Missouri, 492 F.2d 1298 (8th Cir. 1974). · Go Syfert
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Edward McLallen v. Jack Henderson, Off. Court Stenographer, 30th Jud. Circuit of Missouri, 492 F.2d 1298 (8th Cir. 1974). Cases Citing This Book View Copy Cite
60 citation events (2 in the last 25 years) across 23 distinct courts.
Strongest positive: Stahl v. Klotz, No. 2:19-cv-00496 (E.D. Cal. Feb. 19, 2020)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
How cited ↗
Cited for
At page 1299 court reporters not entitled to defense of quasi-judicial immunity since their duties are ministerial13 citing cases1 citing court put it this way
  • Stahl v. Klotz, No. 2:19-cv-00496 (E.D. Cal. Feb. 19, 2020).
    Court reporters “are 15 afforded no discretion in the carrying out of this duty; they are to record, as accurately as 16 possible, what transpires in court.” Id. (citing McLallen v. Henderson, 492 F.2d 1298, 1299 (8th 17 Cir. 1974)).
  • Harris v. Champion, 15 F.3d 1538 (10th Cir. 1994).published
    DeLancy, 741 F.2d at 1248 ; accord Diaz, 905 F.2d at 654 ; McLallen v. Henderson, 492 F.2d 1298, 1299-1300 (8th Cir.1974); Doescher v. Estelle, 477 F.Supp. 932, 934 (N.D.Tex.1979), aff'd in part, vacated in part, 616 F.2d 205 (5th Cir.1980…
  • Harris v. Ron Champion, 15 F.3d 1538 (10th Cir. 1994).published
    DeLancy, 741 F.2d at 1248 ; accord Diaz, 905 F.2d at 654 ; McLallen v. Henderson, 492 F.2d 1298, 1299-1300 (8th Cir.1974); Doescher v. Estelle, 477 F.Supp. 932, 934 (N.D.Tex.1979), aff'd in part, vacated in part, 616 F.2d 205 (5th Cir.1980…
  • Antoine v. Byers & Anderson, Inc., 508 U.S. 429 (1993).published 2 cites
    Because the only question presented by the certiorari petition relates to the absolute immu *432 nity defense on which the Court of Appeals based its decision, see Pet. for Cert, i, we have no occasion to comment on the validity of petitio…
  • Mathis v. Bess, 761 F. Supp. 1023 (S.D.N.Y. 1991).published
    (court reporters not entitled to defense of quasi-judicial immunity since their duties are ministerial)
  • Wayne Paul Burkett v. Richard Cunningham, Warden, 826 F.2d 1208 (3d Cir. 1987).published 2 cites
    F.2d 308, 312 (7th Cir.1985); DeLancy v. Caldwell, 741 F.2d 1246, 1247-48 (10th Cir.1984); United States v. Pratt, 645 F.2d 89, 91 (1st Cir.), cert. denied, 454 U.S. 881 , 102 S.Ct. 369 , 70 L.Ed.2d 195 (1981); Rheuark v. Shaw, 628 F.2d 29…
  • Barnes v. Smith, 654 F. Supp. 1244 (E.D. Mo. 1987).published
    McLallen v. Henderson, 492 F.2d 1298, 1299 (8th Cir.1974); Kane v. Yung Won Han, 550 F.Supp. 120, 122-23 (E.D.N.Y.1982); Martinez v. Winner, 548 F.Supp. 278, 330 (D.Colo.1982); Norwood v. Solomon, 431 *1247 F.Supp. 380, 382 (E.D.Mo.1977).
  • McCurry v. Tesch, 738 F.2d 271 (8th Cir. 1984).published
    In Sebastian v. United States, 531 F.2d 900, 903 (8th Cir.) cert. denied, 429 U.S. 856 , 97 S.Ct. 153 , 50 L.Ed.2d 133 (1976), however, we held that deputy sheriffs who, pursuant to a court order, transported the plaintiff to a mental hosp…
  • Cook v. City of Topeka, 654 P.2d 953 (Kan. 1982).published
    McLallen v. Henderson, 492 F.2d 1298, 1299 (8th Cir. 1974); McCray v. Maryland, 456 F.2d 1, 3-4 (4th Cir. 1972); cf. Briggs v. Goodwin, [ 569 F.2d 10, 16, n. 7 (1977)].
  • Odom v. Wilson, 517 F. Supp. 474 (S.D. Ohio 1981).published
    In McLallen v. Henderson, 492 F.2d 1298, 1299 (8th Cir. 1974), appellant commenced a § 1983 action against a court reporter, alleging that the reporter had denied him “his right to the transcript [of his trial] for an unreasonable period o…
Show 3 more citing cases
  • Marty's Adult World of New Britain, Inc. v. Guida, 453 F. Supp. 810 (D. Conn. 1978).published 3 cites
    McLallen v. Henderson, 492 F.2d 1298, 1299 (8th Cir. 1974); McCray v. Maryland, 456 F.2d 1, 3-4 (4th Cir. 1972); cf. Briggs v. Goodwin, supra, 186 U.S.App.D.C. at 185 n.7, 569 F.2d at 16 n.7.
  • Frank Slavin v. Tim Curry Etc., 574 F.2d 1256 (5th Cir. 1978).published
    See also Qualls v. Shaw, 535 F.2d 318 (5th Cir. 1976); McLallen v. Henderson, 492 F.2d 1298, 1299 (8th Cir. 1974).
  • State v. Crabtree, 625 S.W.2d 670 (Mo. Ct. App. 1981).published
    See, e.g., McLallen v. Henderson, 492 F.2d 1298, 1299-1300 (8th Cir. 1974) and Grant v. Fletcher, 564 S.W.2d 944, 946 (Mo.App. 1978).
At page 1300 “can show that he was acting pursuant to his lawful authority and following in good faith the instructions or rules of the court and was not in derogation of those instructions or rules.”9 citing cases3 citing courts quote it
  • Formanek v. Arment, 737 F. Supp. 72 (E.D. Mo. 1990).published
    (court reporters acting in good faith pursuant to the instructions or rules of the court have an absolute defense to suit for damages)
  • Gary McCaw v. Calvin Winter & Honorable Judge Edward Hodge, 745 F.2d 533 (8th Cir. 1984).published
    (state court reporter allegedly delayed preparation of trial transcript; held subject to good faith immunity)
  • Rickey Holt v. Randy Dunn, Off. Court Reporter, Circuit Court of St. Charles Cnty., St. Charles, Missouri, 741 F.2d 169 (8th Cir. 1984).published
    McLallen v. Henderson, 492 F.2d 1298, 1300 (8th Cir.1974).
  • Woods v. Dugan, 551 F. Supp. 325 (E.D. Mo. 1982).published
    McLallen v. Henderson, 492 F.2d 1298, 1300 (8th Cir.1974).
  • Woods v. Dugan, 519 F. Supp. 749 (E.D. Mo. 1981).published
    Although such immunity is qualified, and not absolute, when a court reporter "can show that he was acting pursuant to his lawful authority and following in good faith the instructions and rules of the Court and was not in derogation of tho…
  • Mourat v. Common Pleas Court of Lehigh Cnty., 515 F. Supp. 1074 (E.D. Pa. 1981).published
    McLallen v. Henderson, 492 F.2d 1298, 1300 (8th Cir. 1974); Dieu v. Norton, 411 F.2d 761, 763 (7th Cir. 1969); Stewart v. Minnick, 409 F.2d 826 (9th Cir. 1969); Warden v. Ziegler, 462 F.Supp. 781, 782 (E.D.Mo.1978).
  • Rheuark v. Shaw, 628 F.2d 297 (5th Cir. 1980).published
    In Slavin v. Curry, we held that official court reporters are entitled to qualified immunity under § 1983 if “they ‘can show that [they were] acting pursuant to [their] lawful authority and following in good faith the instructions or rules…
  • Reginald Williams v. Marie Wood, 612 F.2d 982 (5th Cir. 1980).published
    (for good-faith acts)
  • Joyce v. Gilligan, 383 F. Supp. 1028 (N.D. Ohio 1974).published
    For cases citing the discussion of the Silver case in McCray v. State of Maryland, supra, see McLallen v. Henderson, 492 F.2d 1298, 1300 (8th Cir. 1974); Hilliard v. Williams, 465 F.2d 1212, 1217 (6th Cir. 1972).
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Edward McLALLEN, Appellant,
v.
Jack HENDERSON, Official Court Stenographer, 30th Judicial Circuit of Missouri, Appellee
73-1696.
Court of Appeals for the Eighth Circuit.
Mar 5, 1974.
Published opinion
492 F.2d 1298
1974 U.S. App. LEXIS 9825
Lawrence M. Berkowitz, Kansas City, Mo., for appellant., Robert S. Drake, Jr., Warsaw, Mo., for appellee.
Heaney, Bright, Denney.
Cited by 40 opinions  |  Published
DENNEY, District Judge.

Appellant, McLallen, was convicted on May 8, 1972, in the Circuit Court of Benton County, Missouri, on four felony counts. On June 19, 1972, McLallen filed a notice of appeal of the convictions. The Circuit Court of Benton County found that appellant was unable to pay the costs of a transcript of the trial for the appeal and ordered the official court reporter, Henderson, the ap-pellee, to prepare such transcript and furnish a copy without cost to McLallen.

On May 15, 1973, the transcript was finally delivered to McLallen’s counsel. On May 21, 1973, McLallen filed suit, alleging that Henderson had violated his civil rights protected by 42 U.S.C. § 1983. In particular, McLallen alleged that Henderson had denied McLallen his right to the transcript for an unreasonable period of time, for which he should have money damages. On motion of the appellee, the trial court dismissed the suit on the ground that the appellee was immune from suit under § 1983 because of the doctrine of judicial immunity. We reverse.

This Court has held that court functionaries such as clerks are not clothed in judicial immunity because their duties are ministerial, not discretionary, in nature. Barnes v. Dorsey, 480 F.2d 1057 (8th Cir. 1973). Judicial immunity is only granted to non-judicial[*1300] officials who, like judges, must not be unduly inhibited to exercise discretionary authority by the constant fear of personal liability for damages. Applied to non-judicial officials, judicial immunity is termed quasi-judicial immunity and examples are prosecuting attorneys and parole board members. McCray v. State of Maryland, 456 F.2d 1 (4th Cir. 1972). Reporters are like clerks, in that their duties are ministerial in nature and thus are not protected by quasi-judicial immunity.

However, this is not to say that clerks and court reporters may not have an absolute defense, sometimes referred to as a qualified immunity, to a suit for damages. Such is the case where the clerk, or reporter can show that he was acting pursuant to his lawful authority and following in good faith the instructions or rules of the Court and was not in derogation of those instructions or rules. Barnes v. Dorsey, supra. It will be for the trial court to determine upon remand whether appellee Henderson has properly raised and established that he was acting pursuant to his lawful authority or following an order of the court.

Reversed and remanded.