Summary
holding that a court-appointed psychiatrist enjoys quasi-judicial immunity
Summary of this case from Cunningham v. Fl. Dept. of ChildrenOpinion
Nos. 85-2373, 85-2374, 85-2806 and 86-174.
April 7, 1987.
Appeal from the Circuit Court, Dade County, Richard S. Fuller, J.
Gerald E. Rosser, Miami, for appellant.
Robert A. Ginsburg, Co. Atty. and Stephen J. Keating, Asst. Co. Atty., Fowler, White, Burnett, Hurley, Banick Strickroot and Steven E. Stark, Miami, for appellees.
Before HUBBART, FERGUSON and JORGENSON, JJ.
In Florida a psychiatrist appointed by the court to examine a criminally accused enjoys quasi-judicial immunity from liability where he, based on an examination, erroneously determines that the accused, if released on bail, would pose no harm to others. See Fisher v. Payne, 93 Fla. 1085, 113 So. 378 (1927); Cawthon v. Coffer, 264 So.2d 873 (Fla. 2d DCA 1972). See also Seibel v. Kemble, 63 Haw. 516, 631 P.2d 173 (1981) (reasons underlying judicial immunity apply to court-appointed psychiatrists).
Affirmed.