The reviewing court must view the evidence in the light most favorable to the party against whom judgment was granted. Denial of a motion for summary judgment based on a claim of governmental immunity is appealable as a matter of right. Furthermore, she contends that Principal Heurth's testimony supports the conclusion that his decisions were based on professional judgment, not a balancing of policy issues, thereby preventing the application of vicarious official immunity to the District. Montemayor contends that by delegating the safety responsibilities to the principals, the District recklessly disregarded the safety of Henry High School students by failing to ensure that the school had a viable security plan in place. Montemayor argues that delegation of the duty to provide a safe environment for students, without ensuring that the principals have a security plan, precludes discretionary immunity from attaching because both the District and Principal Heurth failed to provide a security plan.
Public officials have the burden of proving that their actions are entitled to immunity.
In determining whether the official has committed a willful or malicious wrong, the fact-finder must consider whether the official has intentionally committed an act that he or she had reason to believe is prohibited by statute or the constitution. Official immunity involves the kind of discretion which is exercised on an operational rather than a policymaking level, and it requires something more than the performance of 'ministerial' duties. As an exception to the general rule of governmental liability, discretionary immunity must be narrowly construed. A discretionary act is one which requires a balancing of complex and competing factors at the planning, rather than the operational, stage of development. Immunity will not extend to professional judgment that does not involve a balancing of policy objectives.