State ex rel. Alsup v. Honorable James F. KanatzarAnnotate this Case
The Supreme Court made permanent a preliminary writ of prohibition it issued barring the circuit court from taking any further action other than to vacate an order overruling Relator's motion for summary judgment and to enter judgment for Relator, holding that Relator was entitled to official immunity.
Israel Mariano, a student at Independence Academy, filed a negligence suit against Relator, an in-school suspension teacher, in his individual capacity for injuries Mariano sustained when Relator physically restrained him and broke his arm. The circuit court overruled Relator's motion summary judgment claiming he was entitled to official immunity. Relator sought a writ of prohibition. The Supreme Court granted the writ, holding that Relator was entitled to official immunity under the circumstances of this case.