Legal Dictionary of Pakistan

discretionary immunity

A qualified immunity for a public official's acts, granted when the act in question required the exercise of judgment in carrying out official duties (such as planning and policy-making). 28 USCA § 2680(a)."Probably no one test will control the decision on discretionary immunity. Although the fact that the government has omitted to act is not in itself a defense, the discretionary immunity is frequently emphasized in nonfeasance cases. On the other hand, where the government's activity is affirmative, specific, and in violation of a statute, regulation, or constitutional provision imposing a duty upon government, courts are often willing to say there is no room for discretion." Prosser and Keeton on the Law of Torts § 131, at 1041-42 (W. Page Keeton ed., 5th ad. 1984).