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Doe v. Cedar Rapids Community School District9/5/2002
nors argue the discretionary function immunity does not apply.
II. Scope of Review
Our review of a denial of a motion for summary judgment is for correction of errors at law. Channon v. United Parcel Serv., Inc., 629 N.W.2d 835, 857 (Iowa 2001) (citation omitted). Summary judgment is proper if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law." Iowa R. Civ. P. 1.981(3) (2002).
III. The Merits
On appeal, the minors only challenge the district court ruling granting summary judgment to the School on the issue of negligent hiring, retention, and supervision. They do not appeal the court's ruling on the respondeat superior claim. Therefore, we will concentrate our efforts on the issue of the discretionary function immunity, as this was the basis of the district court's ruling.
A. Discretionary Function Immunity
Our first step is to determine whether the district court correctly found the discretionary function immunity applies here. The district court found considerations involved in the hiring and retention of school district employees include the type of balancing of competing interests the discretionary function immunity is designed to protect. Simply because the government entity exercised some discretion in a particular action does not assure it immunity. Today, liability is the rule and immunity the exception. Young v. City of Des Moines, 262 N.W.2d 612, 620 (Iowa 1978), overruled on other grounds by Parks v. City of Marshalltown, 440 N.W.2d 377, 379 (1989). Governmental entities are entitled to immunity only to the extent permitted by statute. Iowa Code section 670.4(3) provides immunity from
ny claim based upon . . . the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the municipality or an officer or employee of the municipality, whether or not the discretion is abused.
The issue then is whether the School's conduct in hiring, retaining, and supervising a particular teacher is immune from suit. In Iowa, we have adopted the test articulated by the United States Supreme Court for testing whether the discretionary function immunity applies. Goodman v. City of LeClaire, 587 N.W.2d 232, 237-38 (Iowa 1998) (citing Berkovitz v. United States, 486 U.S. 531, 108 S. Ct. 1954, 100 L. Ed. 2d 531 (1988)). It is a two-prong test. The first inquiry is whether the challenged conduct was a matter of choice for the acting employee.
Then, if we find an element of judgment is involved in the challenged conduct, we must determine whether the judgment is of the kind the discretionary function exception was designed to shield. This prong of the test protects governmental actions and decisions based on considerations of public policy grounded on social, economic, and political reasons. City of Cedar Falls v. Cedar Falls Cmty. Sch. Dist., 617 N.W.2d 11, 19 (Iowa 2000). If the answer to either of these questions is negative, then the discretionary function exemption does not apply. Id. (citing Goodman, 587 N.W.2d at 237-38). The district court found the School is immune because the judgment the School exercised in hiring and supervising Lindsey is of the type the immunity was designed to protect.
1. Was an element of judgment or discretion involved?
We must first determine whether the School's actions were a matter of choice or judgment. Goodman, 587 N.W.2d at 237 (quoting Berkovitz, 486 U.S. at 536, 108 S. Ct. at 1958-59, 100 L. Ed. 2d at
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