Jacobsen v. City of Rathdrum

The Court’s opinion, which I join, correctly points out that at the summary judgment stage, “The motion should be denied if conflicting inferences could have been drawn from the facts alleged in the affidavits, and if reasonable people might have reached different conclusions as to whether the city was willful and wanton.” That determination requires an evaluation of the evidence in the record, based upon the law applicable to the city’s conduct, i.e., the city’s alleged willful and wanton misconduct. As expressed in IDJI No. 225, willful and wanton misconduct is defined as:

“Willful and…