Killen v. Independent School District No. 706

I concur with the majority’s decision that the school district is entitled to discretionary function immunity with respect to its failure to adopt a suicide prevention policy. I do note, however, that two separate and distinct decisions are involved here: the first is the failure to adopt a written suicide prevention policy, and the second is the school district’s delegation of decisions involving suicidal students to its guidance counselors.

I respectfully dissent on the issue of whether Fabish (and the school district vicariously) is entitled to official immunity for the decision not to…