The Court of Appeals, in Maldovan v. County of Erie, 2022 WL 17095561 [2022], reiterated that the burden necessary to defeat the absolute immunity of a municipality’s agent under the “Special Duty Doctrine” is extremely high.
The court declined to expand the special duty doctrine to find actionable reliance when there is a claim made against government employees (Child Protective Services, Adult Protective Services, and sheriff’s deputies) for negligence in the performance of their duties leading to the victim’s death.
