CITY OF LOUISVILLE v. BERGEL


610 S.W.2d 292 (1980)

CITY OF LOUISVILLE, Betty Gray and Louis McHenry, Movants, v. Eugene BERGEL, Respondent.

Supreme Court of Kentucky.

December 16, 1980.


Attorney(s) appearing for the Case

Max E. Simmons and Paul V. Guagliardo, Louisville, for movants.

Vincent G. DeYoung, Louisville, for respondent.


STEPHENS, Justice.

The question to be decided is whether the issuance of an arrest warrant by a deputy police court clerk is a judicial function.

Respondent Bergel was arrested pursuant to a warrant issued by movant, Betty Gray, a deputy clerk in the old Louisville police court. The warrant was approved by movant, Louis McHenry, her supervisor. It was ordered in accordance with an affidavit of one Donald Ross and charged respondent with a violation of KRS...

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