Gabriel Garibay v. Hon. johnson/fox

Summary

The court held that constables executing court-ordered writs are generally protected by judicial immunity, but the statute limits that immunity for intentional misconduct in serving or executing a writ. Because misconduct requires a willful or intentional violation of a court directive, law, or rule, allegations that a constable acted negligently or grossly negligently did not state a statutory claim. The court therefore reversed the trial court, vacated part of the court of appeals' decision, and remanded.