Governmental Immunity

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WI Court of Appeals – District II

Case Name: Trista Lee Recore  v. County of Green Lake, et al

Case No.: 2015AP1301

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Governmental Immunity

This case addresses governmental immunity. The County of Green Lake, the County of Green Lake Social Services, and Wisconsin County Mutual Insurance Company (collectively, the County), along with the City of Berlin and the City of Berlin Police Department (collectively, the Police Department) appeal the trial court’s denial of their motions for summary judgment, which sought immunity for any negligence on their part. D.B., by his mother, brought suit against the County and the Police Department alleging that they were both negligent in their investigation of sexual assault allegations in 2011, which resulted in the continued sexual assault of D.B. D.B.’s mother claims that her half brother was a danger to D.B. and asserts that the County and the Police Department should have known he was a danger based on the allegations D.B. made, although D.B.’s mother admits that no one actually knew in 2011 that her half brother was a danger. The trial court determined that the “known danger” exception precluded granting immunity to the County and the Police Department. We disagree for two reasons: (1) the scope and breadth of an investigation into allegations of child abuse is a discretionary act rather than a ministerial act and (2) D.B. admits that no one actually knew D.B.’s uncle was dangerous in 2011 and therefore no “known danger” was present as an exception to immunity. We reverse and remand for a grant of judgment to the defendants on all of plaintiff’s claims.

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