Davis v. Holly

Because of our concern that Morrison’s rights may very well have been violated, we reverse the decision of the district court denying Morrison’s motion to amend his complaint by naming the clerk of the court as a defendant. Since the clerk acted in a ministerial, not a discretionary, capacity in implementing the order issued by Shakoor, the defense of qualified immunity is not available to the clerk. Davis v. Holly, 835 F.2d 1175, 1178 (6th Cir.1987). We hold, then, that Morrison should be allowed to add the clerk as a defendant and that the district court should consider his claim in accordance with the concerns we have expressed in this opinion.⁸