Can you sue the receiver?

Originally published by David Coale.

Not without meeting a demanding standard: “Texas uses a functional approach in determining whether a person is entitled to absolute derived judicial immunity. Under this approach, we must ‘determine whether the activities of the person seeking immunity are intimately associated with the judicial process and whether the person exercised discretionary judgment comparable to a judge, as opposed to ministerial or administrative tasks.’ In other words, ‘[i]f an action involves personal deliberation, decision or judgment, it is discretionary; actions requiring obedience to orders or the performance of a duty to which the actor has no choice are ministerial.’” (citations omitted, emphasis added).  In Manning v. Jones, the Fifth Court found a receiver immune from suit for actions taken in connection with a property transactionn that she had been appointed to handle. No. 05-18-01140-CV (Dec. 4, 2019) (mem. op.)

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