Lexington, KY asked in Personal Injury and Gov & Administrative Law for Kentucky

Q: What types of situations would a police officer who hit my car with his not have governmental immunity?

2 Lawyer Answers

Anna Aleksander

Answered
  • Louisville, KY
  • Licensed in Kentucky

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.

Anna Aleksander

Answered
  • Louisville, KY
  • Licensed in Kentucky

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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