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Tag Archives: Public Official Immunity

Tort/Negligence – Police Shooting Victim – Car Chase – Passenger – Public Official Immunity – Malice – Constructive Intent — Constitutional (access required)

Wilcox v. City of Asheville Since neither the public nor the three defendant-police officers were in danger from the slow-moving vehicle when the officers fired upon it, shooting and injuring the plaintiff-passenger, there is a genuine issue as to whether the officers acted with malice under the constructive intent doctrine.

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Tort/Negligence – Police Shooting Victim – Car Chase – Passenger – Public Official Immunity – Malice – Constructive Intent — Constitutional (access required)

Wilcox v. City of Asheville Since neither the public nor the three defendant-police officers were in danger from the slow-moving vehicle when the officers fired upon it, shooting and injuring the plaintiff-passenger, there is a genuine issue as to whether the officers acted with malice under the constructive intent doctrine.

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Tort/Negligence – Malicious Prosecution – Public Official Immunity – Arrest Warrant – Probable Cause – Teacher Touching Students (access required)

Beeson v. Palombo Police Captain McKenzie informed a magistrate that the plaintiff-teacher had “touched [the] breast area” of two minor female students even after at least one of the students had covered herself with her arms and asked plaintiff not to touch her. This is certainly enough for a reasonable person to conclude that an offense had been committed and that plaintiff was the perpetrator. This finding of probable cause is not affected by defendant McKenzie’s failure to inform the magistrate that the minors and their parents may not have considered the matter criminal or that someone from the district attorney’s office thought there was not enough evidence to proceed with criminal charges.

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Municipal – Tort/Negligence – Wrongful Death – Public Official Immunity – Public Official vs. Public employee – Use of Discretion – Summary Judgment (access required)

Hunter v. Transylvania County DSS. Because the defendant was vested with and exercised discretion consistent with those exercised by a public official, and since the plaintiff conceded that the conduct of the official was not malicious, corrupt, or outside the scope of her official authority, the claim against the public official is barred on the basis of public official immunity. We reverse the trial court's denial of defendant Moody's motion for summary judgment.

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Tort/Negligence – Gross Negligence – Sovereign Immunity – Public Official Immunity (access required)

Lunsford v. Renn. The plaintiff failed to forecast evidence sufficient to raise a genuine issue of material fact that a police officer pursuing a driver who struck and killed two people acted with a reckless indifference to the safety of the public. The officer was entitled to public official immunity. A town did not waive its governmental immunity by purchasing an insurance policy.

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