One element that must be proved for the official immunity defense to succeed is that the act performed must be a discretionary act.

Question

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Official immunity applies only to discretionary acts, which are those that involve the exercise of professional judgment or discretion by a government official. It does not apply to ministerial acts, which are those that are performed according to a prescribed procedure or duty without any exercise of judgment or discretion.

One Element That Must Be Proved for the Official Immunity