Breathitt County Board of Education v. Dot Prater

Summary

The Court held that an order denying a substantial claim of absolute immunity is immediately appealable because immunity protects against the burdens and costs of litigation, not merely liability. On the merits, it held that the Board’s provision of on-site housing for a school night watchperson furthered its educational mission and was therefore a governmental function protected by governmental immunity. Justice Venters, dissenting, would have treated the housing and maintenance function as proprietary and denied immunity.