Section 9.32 Raising the Issue of Official Immunity

• Library: Local Government Deskbook (2017 Ed.)

B. (§9.32) Raising the Issue of Official Immunity

Official immunity has frequently been treated as an affirmative defense although there is some contrary authority.

In Green v. Denison, 738 S.W.2d 861 (Mo. banc 1987), the Court stated that official immunity, as well as the public duty doctrine, is not an affirmative defense but rather delineates the legal duty owed to the plaintiff. In Davis v. Lambert-St. Louis International Airport, 193 S.W.3d 760 (Mo. banc 2006), the Court stated that cases, including Green, that suggest that official immunity negates a duty should not be followed.

Even before Green was overruled, the court of appeals continued to refer to official immunity as an affirmative defense. Davis v. Bd. of Educ. of City of St. Louis, 963 S.W.2d 679 (Mo. App. E.D. 1998); Conrod v. Mo. State Highway Patrol, 810 S.W.2d 614 (Mo...