DEWAYNE PERRY and ELLEN FLOTTMAN Missouri Cases

Dewayne Perry and Ellen Flottman, public defenders, appealed a judgment affirming a jury's verdict against them in a legal malpractice claim brought by Dwight Laughlin. Laughlin alleged they failed to challenge the state court's jurisdiction over his criminal case, which was later found to be exclusively federal. The Missouri Supreme Court reversed the circuit court's judgment, holding that public defenders are entitled to official immunity from suit for discretionary acts performed within their official duties, and their decisions regarding trial strategy and defenses are discretionary.

Dwight Laughlin sued his public defenders, Dewayne Perry and Ellen Flottman, for negligence after his criminal conviction was voided due to a jurisdictional error they allegedly failed to raise. A jury awarded Laughlin $600,000. On appeal, the public defenders argued Laughlin failed to present a submissible case and that they should be granted official immunity from malpractice claims. The appellate court affirmed the judgment, denying both points and holding that Section 105.711, RSMo, and the State Legal Expense Fund provide the exclusive remedy for claims against state employees, making a judge-made immunity unnecessary.