Discretionary Acts
Like the FTCA, most state tort claims acts (TCAs) provide immunity from liability for the discretionary acts of government employees. The exception works the same way for TCAs as it does in the FTCA.
Plaintiffs may bring ordinary negligence claims if they are injured through a ministerial function. For example, adhering to regulations in the operation of a waste site is a ministerial duty, and the failure of a state government employee to do so resulted in liability for damages in Minnesota. Sletten v. Ramsey County, 675 N.W. 2d 291 (Minn. 2004). A public health official is conducting a ministerial duty when inspecting a premises according to a checklist regulation. Other examples: a city’s failure to maintain, clean, and inspect sewers; failing to equip an ambulance with certain equipment mandated by law; the maintenance of a high school stadium grounds.