Ex Parte Becky Ingram and Nancy Wilkinson. (in Re: L.l., a Minor Child, by and Through Her Mother and Next Friend…

Summary

The court held that the denial of a summary-judgment motion based on State-agent immunity was immediately reviewable by mandamus and applied de novo review. It concluded that the school policies did not eliminate Wilkinson's professional judgment under the circumstances, but that conflicting evidence concerning Ingram's supervision of the students created a genuine issue of material fact. The petition was therefore granted as to Wilkinson and denied as to Ingram. Justice Murdock, joined by Justice Stuart, specially concurred while advocating elimination of the beyond-authority and mistaken-interpretation-of-law exceptions to State-agent immunity.