Discovery May Be Required to Determine Whether Duty is Ministerial or Discretionary
For purposes of qualified/official immunity, a plaintiff may have the right to perform at least limited discovery to determine whether a duty is ministerial or discretionary. In Parr v. Cook County School District, A21A0655 (Ga. Ct. App. June 16, 2021), the Georgia Court of Appeals reversed the dismissal of individual defendants based on qualified/official immunity, finding that because it had not been determined whether a policy, written or unwritten, existed which would ma