Official Immunity – Ministerial Duties

cassiejohnson//July 6, 2015//

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While attempting to arrest a man on suspicion of criminal damage to property, appellant police officer left his unattended squad vehicle unlocked with the engine running, in violation of city ordinance and police department policy. The suspect fled in appellant’s squad vehicle and crashed into a vehicle driven by respondent’s husband, killing him and seriously injuring respondent. Respondent sued appellant officer and appellant city, alleging negligence, wrongful death, and negligent infliction of emotional distress. The District Court denied appellants’ motions for summary judgment, concluding that, as a matter of law, the officer was not entitled to common law official immunity and the city was not entitled to vicarious official immunity. The Court of Appeals held that a police officer is not entitled to official immunity from liability for the decision to leave his unattended squad vehicle unlocked with its engine running, in violation of city ordinance and police department policy. Affirmed.

A14-2022 Briggs v. Rasicot (Polk County)

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