Kimbrell v. Kimbrell

Petitioner Kathrin Kinzer-Ellington was appointed guardian ad litem pursuant to Rule 1-053.3 NMRA to help determine the best interests of minor children whose parents were involved in a custody dispute. As the case grew more and more contentious, Father David Kimbrell sued both Mother Lorraine Kimbrell and the guardian ad litem in tort as next friend of his oldest daughter, Lily Kimbrell, alleging that their conduct had injured the child. The Supreme Court granted certiorari to determine whether a parent has standing to sue a Rule 1-053.3 guardian ad litem during a pending custody proceeding. The Court held that a Rule 1-053.3 guardian ad litem is protected by absolute quasi-judicial immunity from suit arising from the performance of his or her duties unless the guardian ad litem’s alleged tortious conduct is clearly and completely outside the scope of his or her appointment. A parent does not have standing to sue a guardian ad litem appointed in a custody proceeding on behalf of the child because: (1) the parent has been found to be unable to act in the best interests of the child, and (2) such a lawsuit would create a conflict of interest in the custody case. View "Kimbrell v. Kimbrell" on Justia Law