Turner v. Pruitt

The question in this case is this: Is a Justice of the Peace subject to tort liability for improperly denying a jury trial to a defendant pleading “not guilty” in a criminal case? The Court of Civil Appeals has answered the question in the affirmative, with one Justice dissenting. 336 S.W. 2d 440. We answer the question in the negative.

A criminal case against respondent, Pruitt, was pending before petitioner Turner, a Justice of the Peace. Pruitt pleaded “not guilty” and demanded a jury. On advice of the County Attorney, Turner refused to empanel a jury unless Pruitt deposited a jury fee.…