Qualified immunity generally shields governmental officials from from being sued personally for "their performance of discretionary official functions," the judge explained, citing legal precedents.

This grant of immunity is available to state or federal employees performing discretionary functions where their actions, even if later found to be unlawful, did not violate "clearly established law."

There is a lot of difference in the assignment of obligatory and discretionary functions to the municipal bodies among the states.

Thus instead of continuing the traditional distinction between obligatory and discretionary functions the municipal responsibilities may be grouped into essentially municipal, joint and agency functions.

On Monday the appeals court agreed with Federal lawyers that the Government could not be sued because of its discretionary function in making decision.

The WBA went out of its way to note that under normal circumstances it would not disturb the discretionary function of a referee.

Cities must fulfil their obligatory functions (like waste management) before funding any discretionary functions, while being granted fiscal autonomy to raise adequate funds.

The Tort Claims Act contains an exception that bars all lawsuits growing out of the exercise of a "discretionary function" by a Government agency or employee.

Under the Fifth Circuit's analysis, a policy decision to take over the institution would have been protected as a "discretionary function."

The FTCA exempts, among other things, claims based upon the performance, or failure to perform a "discretionary function or duty."