Bailiff supervising eviction is sued for assault and gross negligence

Fred Dixon appealed to the Court of Appeals after the Circuit Court refused to dismiss a wrongful death/assault action against him.  The action was brought by the family of John Mazur.  They alleged that Dixon, a court bailiff, threw Mazur against a telephone pole and battered Mazur's head while executing an eviction order, resulting in an intracranial bleed and Mazur's death.  Dixon argued that he was entitled to immunity as a "state official" and as a quasi-judicial officer.  The Court denied Dixon's claim on both grounds.  It noted that under existing precedent, not all state employees are state officers and Dixon is analogous to a State Trooper--and thus not a state "official."  The Court also held that there is no quasi-judicial immunity for an alleged assault.