Governmental Immunity 

The teacher, the principal, the board, and the town argued that the defense of governmental immunity applied to bar the case. In law, qualified governmental immunity is available as a defense when the acts complained of are discretionary. A municipality is immune from liability for the performance of governmental acts, as distinguished from ministerial acts.

Governmental acts are performed wholly for the direct benefit of the public and are supervisory or discretionary in nature. On the other hand, ministerial acts are performed in a prescribed manner without the exercise of judgment or discretion as to the propriety of the action. There are some exceptions to governmental immunity.

The student argued that he was entitled to suit because of the identifiable person-imminent harm exception to governmental immunity. For the identifiable person-imminent harm exception to governmental immunity to apply, three things are required: (1) an imminent harm; (2) an identifiable victim; and (3) a public official to whom it is apparent that his or her conduct is likely to subject that victim to that harm. The identifiable person-imminent harm exception to government immunity applies not only to identifiable individuals but also to narrowly defined identified classes of foreseeable victims. School children who are statutorily compelled to attend school, during school hours on school days, can be an identifiable class of victims.

The Court’s Decision

The issue was whether the failure of school personnel to recognize the possibility of the impending assault on the student and/or their failure to take any steps to forestall it, constituted discretionary or ministerial acts. The court found that the town’s duty in this case was discretionary in nature. The student also claimed that the events that allegedly occurred in the classroom before the assault transformed him into an identifiable person subject to the threat of imminent harm and, as a result, the defense of qualified governmental immunity was not available.

The court found that genuine issues of fact existed concerning whether school officials knew or should have known of the possibility of the impending assault on the student. The atmosphere in the classroom immediately prior to the assault could reasonably have been interpreted as one in which the student was an identifiable victim subject to the threat of imminent harm. The student’s claims were not barred by the doctrine of governmental immunity as a matter of law. The teacher’s motion for summary judgment was denied.

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry, and is widely regarded by both clients and legal professionals as a significant honor.

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