concept immunity (Kansas) · Go Syfert
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concept immunity in Kansas

16 Kansas opinions name it 3 courts 1982–2021 1 in the last five years

The cases below were cited by Kansas 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 (2)

CaseFollowedCited
Leaming v. Unified School District No. 214green
kan · 1988 · cited in 3 Kansas opinions naming this issue, 2006–2020
2 sentences

2020No. 214, 242 Kan. 743, 761 , 750 P.2d 1041 (1988) (Herd, J., dissenting) ("Result-oriented justice 16 is government of men and not of law, directly contrary to the concept of the rule of law.").

2020No. 214, 242 Kan. 743, 761 , 750 P.2d 1041 (1988) (Herd, J., dissenting) ("Result-oriented justice 16 is government of men and not of law, directly contrary to the concept of the rule of law.").

13
Brown v. United Methodist Homes for the Agedgreen
kan · 1991 · cited in 1 Kansas opinions naming this issue, 2003–2003
1 sentence

2003This argument is contrary to the concept of a hearing where all sides present evidence supporting their position and contradicting the others.’ See, e.g., Brown v. United Methodist Homes for the Aged, 249 Kan. at 133 (Intent is normally a question of fact and may be shown by acts, circumstances and inferences reasonably deducible therefrom and need not be established by direct proof.).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

CaseCitedYears
In Re Steere green
kan · 1975
2 sentences

1995Co. v. City of Wichita, 217 Kan. 44, 54 , 536 P.2d 54 (1975), wherein the court stated: ‘Our own rule is that “executive officers are not liable for errors in the performance of duties involving discretion and judgment, in the absence of malice, oppression in office or wilful misconduct.” ’ “Plaintiffs do not allege any elements of malice, oppression in office or wilful misconduct on the part of the sheriff or his deputies.

1995Co. v. City of Wichita, 217 Kan. 44, 54 , 536 P.2d 54 (1975), wherein the court stated: *607 `Our own rule is that "executive officers are not liable for errors in the performance of duties involving discretion and judgment, in the absence of malice, oppression in office or wilful misconduct."' "Plaintiffs do not allege any elements of malice, oppression in office or wilful misconduct on the part of the sheriff or his deputies.

31982–1995
Commercial Union Insurance v. City of Wichita neutral
kan · 1975
2 sentences

1995Co. v. City of Wichita, 217 Kan. 44, 54 , 536 P.2d 54 (1975), wherein the court stated: ‘Our own rule is that “executive officers are not liable for errors in the performance of duties involving discretion and judgment, in the absence of malice, oppression in office or wilful misconduct.” ’ “Plaintiffs do not allege any elements of malice, oppression in office or wilful misconduct on the part of the sheriff or his deputies.

1995Co. v. City of Wichita, 217 Kan. 44, 54 , 536 P.2d 54 (1975), wherein the court stated: *607 `Our own rule is that "executive officers are not liable for errors in the performance of duties involving discretion and judgment, in the absence of malice, oppression in office or wilful misconduct."' "Plaintiffs do not allege any elements of malice, oppression in office or wilful misconduct on the part of the sheriff or his deputies.

31982–1995
Robertson v. City of Topeka green
kan · 1982
2 sentences

1984Robertson v. City of Topeka, 231 Kan. 358, 360 , 644 P.2d 458 (1982).

1984Robertson v. City of Topeka, 231 Kan. 358, 360 , 644 P.2d 458 (1982).

21982–1984
State v. Becker green
kan · 2010
2 sentences

2021The concept of the rule precluding hearsay evidence is based on the general principle "that when a statement is offered as evidence of the truth of the matter stated, the credibility of the declarant is the basis for its reliability, and the declarant must therefore be subject to cross-examination." State v. Becker, 290 Kan. 842, 846 , 235 P.3d 424 (2010) (citing Boldridge v. State, 289 Kan. 618, 634 , 215 P.3d 585 [2009]).

2021The concept of the rule precluding hearsay evidence is based on the general principle "that when a statement is offered as evidence of the truth of the matter stated, the credibility of the declarant is the basis for its reliability, and the declarant must therefore be subject to cross-examination." State v. Becker, 290 Kan. 842, 846 , 235 P.3d 424 (2010) (citing Boldridge v. State, 289 Kan. 618, 634 , 215 P.3d 585 [2009]).

12021–2021
Boldridge v. State green
kan · 2009
2 sentences

2021The concept of the rule precluding hearsay evidence is based on the general principle "that when a statement is offered as evidence of the truth of the matter stated, the credibility of the declarant is the basis for its reliability, and the declarant must therefore be subject to cross-examination." State v. Becker, 290 Kan. 842, 846 , 235 P.3d 424 (2010) (citing Boldridge v. State, 289 Kan. 618, 634 , 215 P.3d 585 [2009]).

2021The concept of the rule precluding hearsay evidence is based on the general principle "that when a statement is offered as evidence of the truth of the matter stated, the credibility of the declarant is the basis for its reliability, and the declarant must therefore be subject to cross-examination." State v. Becker, 290 Kan. 842, 846 , 235 P.3d 424 (2010) (citing Boldridge v. State, 289 Kan. 618, 634 , 215 P.3d 585 [2009]).

12021–2021
Idaho v. Coeur D'Alene Tribe of Idaho green
scotus · 1997
2 sentences

2016Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 267-68 , 117 S. Ct. 2028 , 138 L.

2016Idaho v. Coeur d'Alene Tribe of Idaho, 521 U.S. 261, 267-68 , 117 S. Ct. 2028 , 138 L.

12016–2016
In re the Adoption of X.J.A. neutral
kanctapp · 2006
2 sentences

2007Result-oriented justice is directly contrary to the concept of the rule of law." X.J.A., 36 Kan.App.2d 621 , Syl. ¶ 7, 142 P.3d 327 .

2007Result-oriented justice is directly contrary to the concept of the rule of law." X.J.A., 36 Kan.App.2d 621 , Syl. ¶ 7, 142 P.3d 327 .

12007–2007
Bonin v. Vannaman green
kan · 1996
2 sentences

1998In Bonin v. Vannaman, 261 Kan. 199, 237 , 929 P.2d 754 (1996), the court noted that one criticism of recognizing any parental immunity" was that it was “offensive that once a parent falls into an immunity exception, then the parent may act negligently without fear of liability.” *905 The Kansas appellate courts have repeatedly held that even if some form of immunity shields a nonparty from liability, the jury may under K.S.A. 60-258a still consider the immune person’s fault.

1998In Bonin v. Vannaman, 261 Kan. 199, 237 , 929 P.2d 754 (1996), the court noted that one criticism of recognizing any parental immunity" was that it was “offensive that once a parent falls into an immunity exception, then the parent may act negligently without fear of liability.” *905 The Kansas appellate courts have repeatedly held that even if some form of immunity shields a nonparty from liability, the jury may under K.S.A. 60-258a still consider the immune person’s fault.

11998–1998
In Re Marriage of Heinze green
illappct · 1994
1 sentence

1996Turner recommends In re Heinze, 257 Ill.

11996–1996
Carpenter v. Johnson green
kan · 1982
1 sentence

1996Carpenter v. Johnson , 231 Kan. 783 , 784 (1982). " Subject to the limitations of this act , each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment under circumstances where the governmental entity, if a private person, would be liable under the laws of this state." K.S.A. 75-6103 (emphasis added).

11996–1996
State v. Peterson green
kan · 1985
2 sentences

1993In State v. Peterson, 236 Kan. 821, 829 , 696 P.2d 387 (1985), we discussed “res gestae” as follows: *660 “Res gestae is a broader concept than an exception to the hearsay rule.

1993In State v. Peterson, 236 Kan. 821, 829 , 696 P.2d 387 (1985), we discussed “res gestae” as follows: *660 “Res gestae is a broader concept than an exception to the hearsay rule.

11993–1993

Statutes the citing opinions construe

KS § K.S.A. § 75-6101 (4) KS § K.S.A. § 75-6104 (4) KS § K.S.A. § 20-2616 (3) KS § K.S.A. § 20-3018 (3)

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

IL 50 (1952–2026) PA 49 (1956–2026) TX 42 (1975–2024) CA 34 (1963–2026) IN 30 (1979–2025) MD 29 (1979–2025) OH 28 (1963–2025) NJ 23 (1968–2024) LA 22 (1955–2024) FL 22 (1960–2025) NY 21 (1958–2025) MO 19 (1951–2024) KS 16 (1982–2021) IA 16 (1967–2022) MA 15 (1970–2020) WI 15 (1975–2023) MI 14 (1976–2025) CT 14 (1990–2026) AZ 13 (1973–2025) WY 12 (1976–2024) AL 10 (1984–2008) WV 10 (1977–2020) GA 8 (1987–2018) VA 8 (1933–2023) OK 6 (1972–2007) VT 6 (1977–2022) ME 6 (1955–2023) TN 6 (1912–2012) OR 6 (1971–2018) NM 6 (1972–2023) DE 6 (1973–2024) UT 6 (1989–2011) MN 6 (1966–2019) MS 6 (1988–2020) CO 5 (1970–2019) AR 4 (1987–2005) WA 4 (2006–2025) NC 4 (2006–2021) NV 3 (1981–2018) HI 3 (1981–2018) SC 3 (2007–2025) ND 2 (1984–1994) MT 2 (1978–1995) SD 2 (1976–2025) NH 2 (2011–2022) KY 2 (2003–2010)

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.

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