Q: What types of situations would a police officer who hit my car with his not have governmental immunity?
A: Normally if this was an accident due to negligence there would not be immunity and they typically would not invoke any immunity for tort liability.
A: [W]hen sued in their individual capacities, public officers and employees enjoy only qualified official immunity, which affords protection from damages liability for good faith judgment calls made in a legally uncertain environment. Qualified official immunity applies to the negligent performance by a public officer or employee of (1) discretionary acts of functions, i.e., those involving the exercise of discretion and judgment, or personal deliberation, decision, and judgment; (2) in good faith; and (3) within the scope of the employee's authority. An act is not necessarily “discretionary” just because the officer [or employee] performing it has some discretion with respect to the means or method to be employed.
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