Employees of governmental agencies have their own immunity, distinct from the agency’s.

Higher officials. The highest executive officials of a governmental agency acting within the scope of their authority are absolutely immune from tort liability in many states.

Other employees. Immune where acting within the scope of authority, engaged in the exercise of a governmental function, and where their conduct did not amount to gross negligence that was the proximate cause of the injury.

Gross negligence is conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results — a standard materially higher than ordinary negligence.

The proximate cause requirement in several statutes means the employee’s conduct must be the one most immediate and direct cause, which is a demanding formulation that defeats many claims.

Discretionary versus ministerial. In states using this distinction, discretionary acts involving judgment are protected while ministerial acts executing a fixed duty are not, and the characterization is usually decisive.

Intentional torts are outside the immunity in many states, subject to their own analysis.

Indemnification. Separate from immunity — the agency’s obligation to defend and indemnify, which is governed by statute, charter or ordinance and generally excludes wilful misconduct.