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Does Intent of Police Officer Affect Immunity From Civil Liability for Failure to Perform a 'Public Duty?'
The Estate of Jillian Marie Graves v. The City of Circleville et al., Case no. 2009-0014
4th District Court of Appeals (Ross County)
ISSUE: When a police officer is sued by an injured party for failing to follow a statutory requirement in the performance of his job duties, is the officer exempt from personal liability if he can show that the act he failed to perform was a "public duty" owed to all citizens collectively, as opposed to an individualized duty owed specifically to the injured party?