Defenses. Immunity. Coleman vs. Smith, COA, Pub. 9/21/2012

834.  DEFENSES. IMMUNITY.
COLEMAN (DEXTER), ET AL.
VS.
SMITH (WENDELL), GRANDPARENT AND GUARDIAN
OPINION REVERSING AND REMANDING
ACREE (PRESIDING JUDGE)
CLAYTON (CONCURS) AND LAMBERT (CONCURS)
2011-CA-001276-MR
TO BE PUBLISHED
PIKE

ACREE, CHIEF JUDGE: The narrow issue presented is whether either, or both, of the appellants, Dexter Coleman and Mark Cantrell, is entitled to qualified official immunity. We find Cantrell engaged in a discretionary act and, as a result, may qualify for official immunity. With respect to Coleman, we find he failed to comply with a ministerial directive but, because a genuine issue of material fact exists, summary judgment was premature. Accordingly, for the following reasons, we reverse the circuit court’s June 28, 2011 order denying appellants’ motion for summary judgment on immunity grounds and remand for additional proceedings.

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