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TiltonBB · 01-31-2016, 09:21 AM

When municipalities in NH get sued they generally claim to be immune and turn the matter over to Primex. The New Hampshire Public Risk Management Exchange or "Primex", is a public entity risk pool organized and operating as a trust on behalf of member municipalities, schools, counties and other governmental entities. In many cases, Primex uses the defense of "discretionary function immunity" to escape liability. Even if you are successful with a suit the liability is capped at $275,000

To be entitled to discretionary function immunity, a municipality must show that the alleged act or omission complained of constitutes the exercise of an executive or planning function involving the making of a based public policy decision which is characterized by the exercise of a high degree of official judgment or discretion.

In other words, discretionary function immunity attaches to decisions that involve the prudent allocation of municipal resources and the weighing of competing economic, social, and political factors.

01-31-2016, 09:21 AM	#40
TiltonBB Senior Member Join Date: Feb 2005 Location: Gilford, NH and Florida Posts: 2,897 Thanks: 644 Thanked 2,153 Times in 900 Posts	Discretionary Function Immunity When municipalities in NH get sued they generally claim to be immune and turn the matter over to Primex. The New Hampshire Public Risk Management Exchange or "Primex", is a public entity risk pool organized and operating as a trust on behalf of member municipalities, schools, counties and other governmental entities. In many cases, Primex uses the defense of "discretionary function immunity" to escape liability. Even if you are successful with a suit the liability is capped at $275,000 To be entitled to discretionary function immunity, a municipality must show that the alleged act or omission complained of constitutes the exercise of an executive or planning function involving the making of a based public policy decision which is characterized by the exercise of a high degree of official judgment or discretion. In other words, discretionary function immunity attaches to decisions that involve the prudent allocation of municipal resources and the weighing of competing economic, social, and political factors.