“An officer has discretion to decide whether to begin, continue, or end the emergency pursuit, but not for the way he or she operates the police vehicle during the emergency pursuit. Driving is a matter of duty and training, and it is not subject to deliberation or judgment.”
How later courts described this case
- “An officer has discretion to decide whether to begin, continue, or end the emergency pursuit, but not for the way he or she operates the police vehicle during the emergency pursuit. Driving is a matter of duty and training, and it is not subject to deliberation or judgment.”
Written by the judges who cited it.
The opinion
KRAMER, CHIEF JUDGE,
CONCURRING:
I concur with the well-written majority opinion because it properly applies binding precedent and under the facts of this case, that precedent cannot be distinguished. I write separately only to state that it has long puzzled me that under Kentucky law, pursuant to Jones v. Lathram, 150 S.W.3d 50 (Ky. 2004), the act of driving-particularly during a police pursuit or emergency — is considered a ministerial act. Yet, a unanimous Kentucky Supreme Court so held over ten years ago, and it remains the law.