City of Louisville v. Bergel

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 mov-ant, Louis McHenry, her supervisor. It was ordered in accordance with an affidavit of one Donald Ross and charged respondent with a violation of KRS 337.055, the illegal withholding of wages. Following his arrest, Bergel was jailed for approximately eight hours before his release on bond.…