Governmental Employees Absolutely from Liability In Maine

Governmental employees are absolutely immune from liability when performing any discretionary function or duty. See 14 M.R.S.A. 8111(1)(C) (Supp. 1999); Carroll v. City of Portland, 1999 ME 131, P6, 736 A.2d 279, 282; Roberts v. State, 1999 ME 89, PP7-8, 731 A.2d 855, 857; Polley v. Atwell, 581 A.2d 410, 414 (Me. 1990). The regulations referred to in the plaintiff's statement of facts make clear that the decision to pursue a vehicle is within the officer's discretion. See Pl.'s SDMF, PP8, Exhibit C, 6, pp. 6-7; Doucette, 1997 ME 157, P6, 697 A.2d at 1294. A governmental entity, including a county, is liable for negligent acts or omissions in its ownership, maintenance, or use of a motor vehicle. See 14 M.R.S.A. 8102(2) & (3) (1980 & Supp. 1999); 8104-A(1)(A) (Supp. 1999). A county is not liable for any claim that results from performing a discretionary function. See 14 M.R.S.A. 8104-B(3) (Supp. 1999); Roberts, 1999 ME 89, P8, 731 A.2d at 857.