Supreme Court of Missouri

State ex rel. Carlos D. Alsup, Relator v. the Honorable James F. Kanatzar

December 10, 2019

Summary

The Supreme Court of Missouri made permanent a writ of prohibition requiring the circuit court to vacate its order denying Carlos Alsup summary judgment and enter judgment for him. The Court held that official immunity protected Alsup from the student's negligence claim because restraining the student required discretionary judgments about whether, when, how, and with what force to act, rather than performance of a ministerial duty. The Court concluded that the ministerial-act exception did not apply because school policy left room for variation and judgment.