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Butler v. Doe

Monitoring, supervising and controlling the activities of students is a discretionary action protected by the doctrine of official immunity, even if the allegations involve a teacher's total failure to supervise the students under his care or the violation of an established school policy.

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Jane Doe, a minor, by and through her best friend and legal guardian, Mary Roe, filed suit against Kevin Butler, a teacher at Cass Middle School the “School”, for personal injuries that Doe suffered when she was allegedly sexually assaulted by another student at the School as a result of Butler’s alleged failure to properly supervise the students during an after-school activity.1 Butler moved for summary judgment on the ground that his supervision of the students in question was a discretionary function that entitled him to official immunity. The trial court denied Butler’s motion, holding that his alleged failure to supervise the students amounted to a ministerial function to which official immunity does not apply. Butler argues on appeal that the trial court erred in concluding that his acts were ministerial rather than discretionary. We agree.

Viewed in the light most favorable to Doe,2 the record shows that in 2010, Butler was a teacher at the School and also served as a teacher advisor for the color guard. On the afternoon in question, the School had two after-school functions in the gymnasium—a color-guard presentation followed by a choral concert. Doe was participating in both functions.

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