Rasivong v. Lakewood Community College

I respectfully dissent from the majority’s conclusion that Lakewood’s failure to hire additional security for Southeast Asian Days was a policy-making decision protected by discretionary immunity.

Discretionary function immunity is the exception to the general rule of liability. Holmquist v. State, 425 N.W.2d 230, 231 (Minn.1988). Thus, discretionary function immunity must be construed narrowly to ensure the exception does not swallow the general rule of liability. Id. The burden is on the state to establish the challenged action was protected by discretionary function immunity. Nusbaum v.…