· 9/30/2008
Southers v. City of Farmington
Citations
- 263 S.W.3d 603
- 2008 WL 2346191
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting the official immunity doctrine is intended to protect “discretionary decisions that require professional expertise and judgment”
- describing Crystal Tire as “[t]he leading case on the accrual of post-judgment interest for a verdict returned in favor of plaintiff, later set aside and finally reinstated”
- stating “A discretionary act requires the exercise of reason in the adaption of means to end and discretion in how or whether an act should be done or course 16 pursued.”
- defining a ministerial act as one which requires a public official to perform a function “of a clerical nature,” “upon a given state of facts, in a prescribed manner” and “without regard to his own judgment or opinion concerning the propriety of the act to be performed.”
- “The official immunity doctrine does not apply to police officers responding to non-emergencies, but it does apply if the officers are responding to an emergency.”
- official immunity simply “provides that an officer will not be liable for damages caused by his negligence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mary R. Russell
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.