Section 9.35 Discretionary Immunity Doctrine

• Library: Local Government Deskbook (2017 Ed.)

A. (§9.35) Discretionary Immunity Doctrine

In Jungerman v. City of Raytown, 925 S.W.2d 202 (Mo. banc 1996), abrogated on other grounds by Southers v. City of Farmington, 263 S.W.3d 603 (Mo. banc 2008), the Supreme Court of Missouri recognized the discretionary immunity doctrine. Under this doctrine, “a city is not liable for the manner in which it performs discretionary duties.” Jungerman, 925 S.W.2d at 205. As examples of this doctrine, the Court cited:

· Foster v. City of St. Louis, 71 Mo. 157 (1879) (the City is not

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