Governmental Immunity

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WI Court of Appeals – District III

Case Name: W. C. B. v. EMCASCO Insurance Company

Case No.: 2023AP000382

Officials: Stark, P.J., Hruz and Gill, JJ.

Focus: Governmental Immunity

The Appeals Court affirmed the Circuit Court’s decision to grant summary judgment in favor of the School District of Durand-Arkansaw and its insurer, EMCASCO Insurance Company, on grounds of governmental immunity. The court concluded that the District was immune from liability under Wisconsin Statutes § 893.80(4), which protects governmental entities from lawsuits arising from their discretionary actions. William’s claims of negligence related to the sexual misconduct of his teacher, Sarah Heskin, did not overcome this immunity.

The court determined that the District had no ministerial duty—a duty so specific and mandatory that it leaves no room for discretion—under its policies or handbook to act in a specific way before becoming aware of the misconduct. Furthermore, the court found that the known and compelling danger exception did not apply, as the concerns about Heskin’s behavior, reported by staff, did not rise to the level of a clear and immediate danger that mandated a specific response.

Affirmed.

Decided 05/14/24

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