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BROOKS v. LOGAN9/3/1997
ision on the second motion for summary judgment.
Section 6-904A(2) provides:
Exceptions to governmental liability.— A governmental entity and its employees while acting within the course and scope of their employment and without malice or criminal intent and without reckless, willful and wanton conduct as defined in section 6-904C, Idaho Code, shall not be liable for any claim which:
2. Arises out of injury to a person or property by a person under supervision, custody or care of a governmental entity or by or to a person who is on probation or parole or any work-release program, or by or to a person receiving services from a mental health center, hospital or similar facility.
I.C. § 6-904A(2).
In Mickelsen v. School Dist. No. 25, 127 Idaho 401, 901 P.2d 508 (1995), this Court addressed the applicability of I.C. § 6-904A(2) to supervisory acts of school districts and their agents. In Mickelsen, a student was injured in the halls of a school building when caught in the middle of a fight between others. The student claimed that the school district failed to properly supervise the hallways, which duty arose by virtue of I.C. § 33-512(4). Id. at 402, 901 P.2d at 509. The district court dismissed the claim, concluding that it was barred by I.C. § 6-904A(2). This Court affirmed, holding that the failure to provide adequate hallway monitoring
was a supervisory activity, and, therefore, the school was immune from suit based on governmental immunity under I.C. § 6-904A(2). In Mickelsen, this Court found that if a claim is being brought for failure to supervise, a governmental actor is immune under I.C. § 6-904A(2), and I.C. § 33-512(4) does not provide an independent, separate claim which defeats the immunity protections of I.C. § 6-904A.
The district court in this case addressed immunity under I.C. § 6-904A(2) in light of Mickelsen and concluded that the statute precludes liability for the school district, noting the following:
If, under Mickelsen, the school is immune from a claim for failure to supervise and prevent two students from injuring a third, then under the same rationale, the school in this case should be immune for its failure to supervise and prevent one student from harming himself.
The reasoning in Mickelsen and the language of I.C. § 6-904A(2) support the district court's determination that Logan and the District are entitled to the immunity protections of I.C. § 6-904A(2) in light of this Court's determination in Brooks I that the applicable duty was, "simply a duty to exercise reasonable care in supervising students while they are attending school." 127 Idaho at 490, 903 P.2d at 79.
Based on the finding of immunity, it is unnecessary to address the remaining issues raised by the parties.
IV.
CONCLUSION
The district court decision that the District and Logan are immune under I.C. § 6-904A(2) is affirmed.
Costs on appeal are awarded to the Respondents. No attorney fees on appeal are awarded.
TROUT, C.J., and JOHNSON, McDEVITT[fn*] and SILAK, JJ., concur.
[fn*] Justice McDevitt participated in this decision prior to his resignation.
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