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