In Danielle Jackson v. Diane Burczyk (2018AP65), the Court of Appeals District II held that governmental immunity applied to correctional facility employees when a kettle tipped, spilling boiling water that injured Danielle Jackson, who was a cook at the facility.

Jackson argued that exceptions to governmental immunity applied in her case. The first exception states that government employees may be held liable if they fail to perform a ministerial duty. The court determined that fixing the kettles was a discretionary duty, so the first exception did not apply.

The second exception states that government employees may be held liable if they fail to respond to a known, present, and compelling danger. Although employees knew the kettles needed to be repaired, the court determined that the danger of tipping kettles was not so immediate that the second exception would apply.

In a dissent, Judge Reilly argued that the second exception for known and present danger does apply. Reilly further questioned whether the majority would have reached the same decision had Jackson not been a prisoner at the facility.