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In the absence of malice, the critical issue in a claim of official immunity is whether the public <br />official’s conduct is discretionary or ministerial. Discretion has a much broader meaning in the <br />context of official immunity than it does under the state and municipal tort claims statutes. <br />Whether discretion was involved and official immunity applies turns on the facts of each case. <br />Courts focus on the discretion exercised by the city official whenmaking a decision. <br />Application of Official Immunity <br />Police/Pursuit/Emergency Response: Pletan v. <br />Learn More <br />Gaines, 494 N.W.2d 38 (Minn. 1992). <br /> <br />Fire & Ambulance: Kari v. Maplewood, 582 <br />For further information on specific <br />N.W.2d 921 (Minn. 1998); Bailey v. City of St. <br />cases, please refer to: <br />Paul, 678 N.W.2d 697 (Minn. App. 2004); Nisbet <br />v. Hennepin County, 548 N.W.2d 314 (Minn. <br />Janklow v. Minnesota Bd. of <br />App. 1996); Woehrle v. City of Mankato, 647 <br />Examiners for Nursing Home <br />N.W.2d 549 (Minn. App. 2002). <br /> <br />Admrs, 552 N.W.2d 711 (Minn. <br />Snowplowing Decision-making: In re: Alexandria <br />1996). (This is a discretionary act) <br />Accident of Feb. 8, 1994, 561 N.W.2d 543 (Minn. <br />-And- <br />App. 1997) <br /> <br />Traffic Engineering Decision-making: Ireland v. <br />Elwood v. Rice County, 423 N.W.2d <br />Crow’s Nest Yachts, Inc., 552 N.W.2d 269 (Minn. <br />671 (Minn. 1988). <br />App. 1996) <br /> <br />Employment Decision-making: Rico v. State, 472 <br />N.W.2d 100 (Minn. 1991). <br /> <br />Official Immunity and Vicarious Immunity <br />Vicariousofficial immunity protects the governmental <br />Learn More <br />employer from liability when its public official is entitled <br /> <br />to official immunity. The rationale behind extending <br />For more information on Official <br />immunity to the governmental employer is that the threat <br />versus Vicarious immunity, please <br />of liability against the employer would influence the <br />refer to: Pletan v. Gaines, 494 <br />governmental employee and hinder them from exercising <br />N.W.2d 38 (Minn. 1992). <br />independent judgment and discretion. It is very rare for a <br />court to find official immunity but to deny the <br />government employer vicarious official immunity. <br />Municipal Tort Caps <br />MinnesotaStatutes §466.04 addresses the tort liability of <br />Learn More <br />municipalities, limiting the financial liability of any <br />municipality to $500,000to any one claimant, and up to <br />For more information on municipal <br />$1,500,000 for all claimants per incident. No award for <br />tort caps, please refer to: Minn. Stat. <br />damages on any tort claim shall include punitive damages. <br />§466.04, subd. 1(a)(1)(2)(3). <br />The damages awarded are limited to compensatory <br />damages. <br />5 <br /> <br />