State denies responsibility for Utah bear attack May 10, 2008
Lawyers for the attorney general's office say the Utah Governmental Immunity Act protects the state from any prosecutions. Sam Ives was camping in American Fork canyon last June when a bear ripped through a tent and mauled him to death. (Casper Star-Tribune, WY)
Landowners plan suit against RTD Feb 1, 2008
The three filed a formal "Governmental Immunity Notice," which is required before suing a government agency. "RTD is only purchasing the specific property we need for the voter-approved West Corridor transit project," RTD spokesman Scott Reed said in a statement. (Denver Business Journal, CO)
City drafts settlement for firefighters Jan 29, 2008
The city of McKinney stated that the plaintiffs claims were barred by governmental immunity, and the court ruled in favor of the city, according to the judgment. The plaintiffs brought their case to the Dallas appeals court, where they claimed the court s order lacked subject matter jurisdiction under the Texas Local Government Code, and that their claim can t be considered as financial damages since it is for equitable back pay for services rendered. (McKinney Courier-Gazette, TX)
Ex-cheerleading coach drops suit against McKinney ISD Nov 18, 2007
Michaela Ward wrote on Nov 16, 2007 9:37 PM:" Mr. Crowe and MISD can continue to hide behind their governmental immunity, but I am going to continue to stand on what is right. The facts are not at all confusing. I guess Ive just come to the realization that when you take a stand on principles, you usually stand alone. ". Name. (McKinney Courier-Gazette, TX)
Assessors: Daniels' plan is wrong approach Oct 27, 2007
Nice thought Fred although wrote on Oct 26, 2007 3:08 PM:" there is this little safety net for the politicians and their accomplices, er, I mean, their staff. Its called governmental immunity. Thats why they try to indirectly screw us and make themselves rich, ask Tom McDermott, Jr. ". RM wrote on Oct 26, 2007 1:58 PM:" Does anybody REALLY know how much these guys make and exactly what they do for it? Good to hear the excess might finally be gone, the FAT LADY AS STARTED TO SING. ". (Northwest Indiana Times)
Appeals court rules against firefighters Oct 27, 2007
The city of McKinney stated that the plaintiffs claims were barred by governmental immunity, and the court ruled in favor of the city, according to the judgment ... Therefore, if financial damages are the only remedy, the suit is barred by governmental immunity. (McKinney Courier-Gazette, TX)
Landfill lawsuit on hold pending appeals ruling Oct 23, 2007
The appeals court is asked if governmental immunity applies to six complaints made by the plaintiffs ... He said some matters can proceed, such as the inverse condemnation complaint, which is not subject to the governmental immunity complaint. (Cadillac News, MI)
Wexford Co. immunity argument going to appeals court Oct 17, 2007
On Aug. 20, the county s attorney Dean Altobelli argued that six counts should be dismissed by reason of governmental immunity. The defense argued the county should not have governmental immunity because of the way landfill operations have been conducted and the use of landfill money to fund courthouse bond payments ... Further factual development is both possible and necessary to determine if governmental immunity otherwise applies, Hogg wrote in a six-page ruling. (Cadillac News, MI)
Jailed fed prosecutor kills self Oct 6, 2007
"There is this theory of governmental immunity, but when there is prior knowledge and they are set up to protect people from hurting themselves, and it slips through, they definitely will be looking into it," Niskar said. Segregated cells can make it easier for an inmate to commit suicide, said Columbia Law School professor Philip Genty, an expert on prisoners' rights. (DetNews.com)
• High Court Shields Towns Sep 22, 2007
Justice Joette Katz, in the majority ruling, emphasized that the only class of foreseeable victims who fall within the narrow exception to the doctrine of governmental immunity are "schoolchildren attending public schools during school hours." ... "If you allowed Durrant to sue, basically you take a very narrow opening in the governmental immunity doctrine and you turn it into a Swiss cheese immunity. Where's the immunity?". (FOX61, CT)
Governmental immunity claim denied in lawsuit Sep 18, 2007
In a six-page opinion that came nearly a month after oral arguments, Hogg said there is not enough material fact to dismiss six counts against the county because of governmental immunity. further factual development is both possible and necessary to determine if governmental immunity otherwise applies, Hogg wrote ... Furthermore, Hogg denied a motion by the Cedar Creek Township litigants asking the court to deny governmental immunity. (Cadillac News, MI)
Immunity motion undecided Aug 22, 2007
CADILLAC After 90 minutes of arguments, Judge David Hogg will take some time to determine if Wexford County holds governmental immunity in a lawsuit brought by Cedar Creek Township residents ... Wexford County s attorney Dean Altobelli argued that all charges except inverse condemnation should be dismissed because the county holds governmental immunity ... Attorneys for the plaintiffs, meanwhile, say the county does not hold governmental immunity because of the way it has conducted landfill... (Cadillac News, MI)
Judge dismisses lawsuit by man imprisoned for false drug test Aug 3, 2007
Luzerne County Judge Joseph Augello ruled that the probation department was protected by governmental immunity, and the laboratory was immune based on a separate law that protects judges from being sued. The state Superior Court rejected an appeal of the latter part of the ruling on Wednesday. (NEPA News, PA)
County seeks immunity from lawsuit allegations Jul 20, 2007
CADILLAC Wexford County s defense in a lawsuit brought by Cedar Creek Township residents is governmental immunity ... The plaintiffs argue governmental immunity does not cover claims based on violating constitutional rights ... Altobelli argued the July 16 hearing should be upheld because the plaintiffs have been aware of the county s governmental immunity defense since fall 2006. (Cadillac News, MI)
Farmers with thirsty corn crops in Midwestern are anxious for heavy rain to increase yields Jun 22, 2007
Post's ruling, issued last week, contrasts with a 2005 legal decision that exonerated the Road Commission on governmental immunity claims ... The ruling found that the state cannot make the same claim because the salt poses a trespass nuisance onto private property, overriding any governmental immunity at the state level. (San Diego Union-Tribune -- Business)
Wrongfully convicted seek aid Jun 18, 2007
However, because of governmental immunity and the need to prove gross negligence or actual malice, such cases don't succeed. "How do you put a life back together?" Bell said. (Deseret News)
Plains Township residents complain about property damage from baseballs hit from park Jun 16, 2007
He said the coach referred him to the school, and their insurance company refused to reimburse him for the $250 deductible because of governmental immunity. Who is going to take responsibility. (The Citizen's Voice, PA)
Assembly considers death, life in prison May 28, 2007
SB1326 - Governmental immunity: Provides consistency in waiver of immunity by local government by treating participation in risk pools and trusts for payment of liability claims by school boards like participation in other governmental risk pools. Introduced by Sen. (The Daily Reflector)
Justices hear boxing-death case May 4, 2007
A district judge has already dismissed the claims against the state, citing governmental immunity. On Thursday, Assistant Utah Attorney General Barry Lawrence argued that Utah law protects the state from such claims because the Pete Suazo Utah Athletic Commission was providing a governmental regulatory role that only the government could provide. (Deseret News)
Appeals court says county immune to lawsuit Apr 25, 2007
When the case went to trial, the court ruled that Chapman was not a police officer and the county could not be given governmental immunity ... Appeal: Defendants appealed they were subject to governmental immunity because Chapman was a reserve deputy with the Osceola County Sheriff s Department. (Cadillac News, MI)
Ambulance driver liability poses quandary Apr 3, 2007
However, the City of Durham has waived its governmental immunity, and is liable for its employees, said S.C. Kitchen, the county attorney. That liability prompted a question of who is liable for city employees driving county vehicles. (Herald Sun)
Pembroke pays $200,000 in wrongful death settlement Feb 27, 2007
he town has governmental immunity and can't be sued unless they purchase liability insurance. Luckily in this case the town did purchase liability insurance. (Lumberton The Robesonian, NC)
Suit: Police violated constitutional rights Feb 4, 2007
While governmental immunity generally protects municipal workers from being sued for actions taken in the course of doing their jobs, Gonek said Sant'Angelo's actions were illegal and, therefore, not immune ... "Law enforcement personnel cannot fabricate evidence and still claim governmental immunity." ... Lincoln Park City Attorney Edward Zelenak said he had not yet seen a copy of the lawsuit, but he didn't agree with Gonek's interpretation of governmental immunity. (The News-Herald)
Organization sues school after being denied access to facilities Jan 12, 2007
Sands told WND the college probably will raise a number of "governmental immunity" issues as usually happens in such cases, "but the facts are pretty clear," he said. "The Minuteman Project can't be denied equal access.". (WorldNetDaily)
Full Story » Nov 20, 2006
O'Rourke said his response will assert that CU is protected from the Stattman's lawsuit under the Colorado Governmental Immunity Act, which limits the instances in which a person can sue that state. olorado law does not allow the University of Colorado or any other state entity to be held liable in cases like this, said O'Rourke. (Boulder Colorado Daily, CO)
Opinions differ on race-related issues in TISD Oct 4, 2006
Step up to the plate administration and stop worrying about getting sued - Schools are covered by governmental immunity - and surely their is an attorney on the payroll who can verify this. " from the outside looking in wrote on October 02, 2006 12:59 PM:"No matter where you go in this world, there is sometype of racism. (Terrell Tribune, TX)
Suing cities is no quick fix Sep 5, 2006
"I know there are more obstacles that I have to deal with." One of those obstacles is the Governmental Immunity Act of Utah, which protects cities and their on-the-clock employees. "I don't feel that (cities) have more legal strength or ability, but I do feel that the law favors them much more," Johnson said. (Deseret News)
Colorado town leases high peaks, reopens them to hikers Aug 17, 2006
The town has governmental immunity in lawsuits, which limits how much it could be sued for. Linda Balough, coordinator of the Park County Historic Preservation Advisory Commission, said that unlike most other Fourteeners, Democrat, Lincoln and Bross have treacherous open pits and mines that hikers could fall into if they stray from the trail. (Pittsburgh Post-Gazette, PA)
Judge dismisses Plainfield, officers from lawsuit Aug 17, 2006
Judge Samuel Sferrazza ruled that the town and its officers are protected by governmental immunity. The lawsuit claims that McMechen was in imminent danger and the officers' failure to act resulted in her death. (Newsday -- State)
DOT settles with owners of buckling building next to new river bridge Aug 3, 2006
Initially, the DOT said governmental immunity made it exempt from any claims, and offered to pay the Durhmans 216,200 for taking a small piece of the company s parking lot and separating the remaining lot from the plant. The Durhmans deadline for filing to contest that amount was in 2003, before the bridge was completed, so they filed an open-ended claim, O Flaherty said. (La Crosse Tribune, WI)
City to move forward with drug crisis center Jun 23, 2006
Since the county wanted to purchase the building for its own use, it technically did not need approval from the city before going forward with its plans due to governmental immunity, Frank said. However, Broderick said it was the county's intention to bring the project forward as a courtesy to the city to ensure there was community support for the new center. (Santa Maria Times)
Police, civilian face off in court over 2003 crash May 30, 2006
"There are certain governmental immunity things that protect the town in this case, but the primary defense is simply that Mr. Peterson had a stop sign and the police officer did not," Harrington said. Harrington said the town also contests the claim of permanent injury. (Greenwich Time)
Sheriff's department wants biker lawsuit dismissed May 4, 2006
The department is arguing that its officers were entitled to governmental immunity from the lawsuit, department attorney Jeffrey Marlin said in court documents. The "officials are entitled to qualified immunity when their decision was reasonable, even if mistaken," Marlin said. (WCAX.com, VT)
School not negligent in assault Apr 22, 2006
A lawsuit against the School District of Chetek in the case of an assaulted student has been dismissed after an Appeals Court upheld an earlier ruling that the school was not negligent and has governmental immunity from such a lawsuit ... Harris and the district moved for summary judgment on the grounds of governmental immunity. (Chetek Alert, WI)
School board tries to squelch teacher negligence suit Mar 15, 2006
In addition, the school board said it was protected against the lawsuit by the doctrines of governmental immunity and contributory negligence. The latter holds that a plaintiff cannot recover financial damages in North Carolina if he contributed in any way to his own injury. (Herald Sun)
