context of official immunity (Minnesota) · Go Syfert
← Minnesota issues

context of official immunity in Minnesota

20 Minnesota opinions name it 2 courts 1988–2024 1 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Rico v. Stategreen
minn · 1991 · cited in 8 Minnesota opinions naming this issue, 1995–2024
2 sentences

2024Although the exercise of discretion is relevant to both official and statutory immunity, different types of discretion are at issue, and “discretion has a broader meaning in the context of official immunity.” Rico v. State, 472 N.W.2d 100, 107 (Minn. 1991).

1997In the context of official immunity, malice ‘“means nothing more than the intentional doing of a wrongful act without legal justification or excuse, or, otherwise stated, the willful violation of a known right.’ ” Rico v. State, 472 N.W.2d 100, 107 (Minn.1991) (citations omitted).

48
Elwood v. County of Ricegreen
minn · 1988 · cited in 5 Minnesota opinions naming this issue, 1991–2007
2 sentences

2007Elwood v. County of Rice, 423 N.W.2d 671, 678 (Minn.1988).

2007Elwood v. County of Rice, 423 N.W.2d 671, 678 (Minn.1988).

15
State Ex Rel. Beaulieu v. City of Mounds Viewgreen
minn · 1994 · cited in 3 Minnesota opinions naming this issue, 1997–1999
2 sentences

1999State by Beaulieu v. City of Mounds View, 518 N.W.2d 567, 571 (Minn.1994).

1999State by Beaulieu v. City of Mounds View, 518 N.W.2d 567, 571 (Minn.1994).

13
Watson v. Metropolitan Transit Commissiongreen
minn · 1996 · cited in 2 Minnesota opinions naming this issue, 1997–2004
2 sentences

2004See Watson, 553 N.W.2d at 414 .

2004See Watson, 553 N.W.2d at 414 .

12
In Re Alexandria Accident of February 8, 1994green
minnctapp · 1997 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016Official immunity is a common-law doctrine which, in the absence of a willful or malicious wrong, protects a public official who is “charged by law with duties which call for the exercise of his judgment or discretion.” Olson v. Ramsey County 509 N.W.2d 368, 371 (Minn. 1993). “‘Discretion’ has a broader meaning in the context of official immunity 14 than in the context of statutory immunity.” In re Alexandria Acc. of Feb. 8, 1994, 561 N.W.2d 543, 548-49 (Minn. App. 1997).

11
Olson v. Ramsey Countygreen
minn · 1993 · cited in 1 Minnesota opinions naming this issue, 2016–2016
1 sentence

2016Official immunity is a common-law doctrine which, in the absence of a willful or malicious wrong, protects a public official who is “charged by law with duties which call for the exercise of his judgment or discretion.” Olson v. Ramsey County 509 N.W.2d 368, 371 (Minn. 1993). “‘Discretion’ has a broader meaning in the context of official immunity 14 than in the context of statutory immunity.” In re Alexandria Acc. of Feb. 8, 1994, 561 N.W.2d 543, 548-49 (Minn. App. 1997).

11
Kelly v. City of Minneapolisgreen
minn · 1999 · cited in 1 Minnesota opinions naming this issue, 2005–2005
2 sentences

2005“Malice in the context of official immunity means intentionally committing an act that the official has reason to believe is legally pro hibited.” Kelly v. City of Minneapolis, 598 N.W.2d 657, 663 (Minn.1999).

2005See id. at 663 (“[m]alice in the context of official immunity means intentionally committing an act that the official has reason to believe is legally prohibited”).

11
Rehn v. Fischleygreen
minn · 1997 · cited in 1 Minnesota opinions naming this issue, 1997–1997
1 sentence

1997See Rehn v. Fischley, 557 N.W.2d 328 (Minn.1996) (determination of whether an immunity applies is matter of law best resolved at summary judgment).

11
Cook v. Trovattengreen
minn · 1937 · cited in 1 Minnesota opinions naming this issue, 1988–1988
2 sentences

1988This court has suggested, as a general matter, that police charged with the duty to prevent crime and enforce the laws are not purely “ministerial officers,” in that many of their duties are of an “executive character involving the exercise of discretion.” Cook v. Trovatten, 200 Minn. 221, 224 , 274 N.W. 165, 167 (1937), citing Haynes v. Commonwealth, 104 Va. 854 , 52 S.E. 358 (1905).

1988This court has suggested, as a general matter, that police charged with the duty to prevent crime and enforce the laws are not purely “ministerial officers,” in that many of their duties are of an “executive character involving the exercise of discretion.” Cook v. Trovatten, 200 Minn. 221, 224 , 274 N.W. 165, 167 (1937), citing Haynes v. Commonwealth, 104 Va. 854 , 52 S.E. 358 (1905).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Anderson v. Anoka Hennepin Independent School District 11 green
minn · 2004
1 sentence

2014In the context of official immunity, unlike statutory immunity, discretion is not limited to policymaking decisions, and official immunity can apply to any act that involves a significant exercise of independent judgment. 1 Anderson, 678 N.W.2d at 657 .

12014–2014
Haynes v. Commonwealth green
va · 1905
2 sentences

1988This court has suggested, as a general matter, that police charged with the duty to prevent crime and enforce the laws are not purely “ministerial officers,” in that many of their duties are of an “executive character involving the exercise of discretion.” Cook v. Trovatten, 200 Minn. 221, 224 , 274 N.W. 165, 167 (1937), citing Haynes v. Commonwealth, 104 Va. 854 , 52 S.E. 358 (1905).

1988This court has suggested, as a general matter, that police charged with the duty to prevent crime and enforce the laws are not purely “ministerial officers,” in that many of their duties are of an “executive character involving the exercise of discretion.” Cook v. Trovatten, 200 Minn. 221, 224 , 274 N.W. 165, 167 (1937), citing Haynes v. Commonwealth, 104 Va. 854 , 52 S.E. 358 (1905).

11988–1988

Statutes the citing opinions construe

MN § Minn. Stat. § 466.03 (8) MN § Minn. Stat. § 3.736 (7) MN § Minn. Stat. § 466.02 (6) MN § Minn. Stat. § 181.932 (4) MN § Minn. Stat. § 480A.08 (4) USC § 42u.s.c.1983 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

GA 24 (1998–2026) MN 20 (1988–2024) TX 8 (1995–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check