Minor Doe 601, a minor, by and through his mother and natural guardian, Mother Doe 601, Appellants, vs. Best…

Summary

The court held that a municipality’s hiring decision is not automatically protected by the discretionary-function exception to municipal tort liability. The municipality must show that the specific challenged conduct resulted from balancing competing policy considerations, and the record here did not support inferring that Best Academy’s failure to obtain references or investigate the teacher’s background was such a policy decision. The court therefore reversed and remanded for further proceedings on the negligent-hiring claim.