State ex rel. City of Grandview v. Hon. Jack R. GrateAnnotate this Case
Plaintiffs filed suit against four City of Grandview police officers alleging wrongful arrest, battery, malicious prosecution and negligence. Plaintiffs joined the City, alleging that the City was vicariously liable for the officers’ actions because the City had purchased an insurance policy that contained a provision for law enforcement liability coverage, which coverage waived the City’s rights to sovereign immunity. The City moved for summary judgment, asserting that the insurance policy disclaimed coverage for any actions that would be prohibited by sovereign immunity. The circuit court overruled the motion. Thereafter, the City sought a writ of prohibition. The court of appeals denied the writ. The City subsequently sought a writ of prohibition from the Supreme Court. The Court issued a preliminary writ of prohibition that it made permanent, holding that because the insurance policy expressly disclaimed a waiver of sovereign immunity and provided coverage to the City only for those claims for which sovereign immunity has been statutorily waived, the City did not waive sovereign immunity.