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Succinct Description of Principles of Governmental Function Immunity

The principles of governmental function immunity were succinctly stated by the Second Department:

Under the doctrine of governmental function immunity, ” [g]overnment action, if discretionary, may not be a basis for liability, while ministerial actions may be, but only if they violate a special duty owed to the plaintiff, apart from any duty to the public in general'” … .

Here, the defendants Town of Clarkstown Police Department and Town of Clarkstown … established their prima facie entitlement to judgment as a matter of law by demonstrating that the allegedly negligent acts of the police officers were discretionary and not ministerial … . Rodriguez v Town of Clarkston Police Dept, 2014 NY Slip Op 08417, 2nd Dept 12-3-14

 

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