New Mexico Supreme Court

Agalelei Kimbrell, Also Known as Lily Kimbrell, by and Through Her Next Friend and Parent W. David Kimbrell…

June 23, 20146 N.M. 418

Summary

The court held that a Rule 1-053.3 guardian ad litem is protected by absolute quasi-judicial immunity for conduct performed within the scope of the appointment, except for conduct clearly and completely outside that scope. It also held that a parent involved in a custody dispute lacks standing to sue the guardian ad litem on the child's behalf because the custody court has determined that the parent cannot act objectively in the child's best interests and the suit would create a conflict of interest. The court reversed the Court of Appeals and affirmed summary judgment for the guardian ad litem.