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Huttner v. State9/4/2001
e) aware of the medications prescribed and Davis's compliance.
Fischer argues that even if she had a ministerial duty to contact the psychiatrist to verify prescriptions, the timing of such contact was discretionary. We disagree. Fischer acknowledged in her testimony in Davis's criminal trial that a client's failure to take medications is "significant" and would be reported to the court. Evidence in the record verifies the critical role of medication in managing Davis's mental illness. Knowledge that Davis had discontinued medications gave rise to Fischer's immediate duty to verify the status of his prescription. Fulfilling this statutory duty did not require the exercise of any discretion and therefore was ministerial and not entitled to the protection of official immunity. The district court's refusal to order summary judgment on the immunity issues is affirmed.
III. Vicarious Official Immunity
Huttner argues that even if Fischer is entitled to official immunity, the county could be denied vicarious official immunity for failure to fulfill its separate statutory duty to develop policies to ensure the ongoing contact and coordination between the case manager and community-support services and mental-health services. See Minn. Stat. § 245.4711, subd. 5 (1996). We have concluded that Fischer is not entitled to official immunity. Additionally, because this issue was not addressed by the district court, it is not properly before this court. Thiele v. Stich, 425 N.W.2d 580, 582 (Minn. 1988). Under these circumstances, we decline to address the question. Based on our holding that Fischer is not entitled to official immunity for failing to verify Davis's compliance with prescribed medications, there is no vicarious official immunity for the county for this aspect of Fischer's conduct. See Wiederholt, 581 N.W.2d at 316 (noting, generally, "' t would be anomalous * * * to impose liability on the [government employer] for the very same acts for which [the employee] receives immunity.'") (quoting Watson, 553 N.W.2d at 415).
DECISION
Because Minn. Stat. § 573.02, subd. 1 (1996), the "murder exception" to the three-year limit on bringing wrongful-death actions, is not limited to actions against the murderer, we reverse the district court's application of that statute to Huttner's wrongful-death claims against Fischer and Ramsey County. Because Fischer's duty to verify Davis's claim that he was no longer required to take medications was ministerial, we affirm the district court's determination that Fischer and Ramsey County are not entitled to official immunity and vicarious official immunity, respectively.
Affirmed in part, reversed in part, and remanded.
Dated: August 28, 2001
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