Spann v. Davis

Summary

The court held that the trial court erred by sua sponte dismissing Spann's claims based on quasi-judicial immunity when the defendants had not asserted that affirmative defense and Spann had no notice or opportunity to respond. The court further held that the defense was not waived merely because it was omitted from the defendants' answer and motion. It reversed the first appellate division, vacated the second, and remanded for further proceedings.