legislative grant immunity (Pennsylvania) · Go Syfert
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legislative grant immunity in Pennsylvania

13 Pennsylvania opinions name it 5 courts 1906–1991 0 in the last five years

The cases below were cited by Pennsylvania 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 (3)

CaseFollowedCited
Scranton Gas & Water Co. v. Scranton Citygreen
pa · 1906 · cited in 3 Pennsylvania opinions naming this issue, 1910–1972
2 sentences

1972As we said long ago in Scranton Gas Co. v. Scranton City, 214 Pa. 586, 590-91 , 64 Atl. 84 (1906) : “Calling the legislative grant of privilege to use the streets a contract does not avoid the conditions on which the privilege is to be exercised.

1972As we said long ago in Scranton Gas Co. v. Scranton City, 214 Pa. 586, 590-91 , 64 Atl. 84 (1906) : “Calling the legislative grant of privilege to use the streets a contract does not avoid the conditions on which the privilege is to be exercised.

13
Gall v. Allegheny County Health Departmentgreen
pacommwct · 1986 · cited in 2 Pennsylvania opinions naming this issue, 1988–1989
2 sentences

1989To do so would not merely achieve an inconsistent result, it would completely defeat the legislative grant of immunity.” 98 Pa. Commw. at 182 , 510 A.2d at 929 .

1989To do so would not merely achieve an inconsistent result, it would completely defeat the legislative grant of immunity.” 98 Pa. Commw. at 182 , 510 A.2d at 929 .

12
Robson v. Penn Hills School Districtgreen
pacommwct · 1981 · cited in 1 Pennsylvania opinions naming this issue, 1985–1985
2 sentences

1985We stated in Robson v. Penn Hills School District, 63 Pa. Commonwealth Ct. 250, 253-254 , 437 A.2d 1273, 1275 (1981), “that it would be a total distortion of the language of Section 202(b) (3) to allow the supervision, or lack of supervision, of school children to fall within the scope of care, custody and control of real property.” The legislative grant of immunity bars the plaintiffs’ claims against the school district.

1985We stated in Robson v. Penn Hills School District, 63 Pa. Commonwealth Ct. 250, 253-254 , 437 A.2d 1273, 1275 (1981), “that it would be a total distortion of the language of Section 202(b) (3) to allow the supervision, or lack of supervision, of school children to fall within the scope of care, custody and control of real property.” The legislative grant of immunity bars the plaintiffs’ claims against the school district.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Butchers' Union Slaughter-House & Live-Stock Landing Co. v. Crescent City Live-Stock Landing & Slaughter-House Co. green
scotus · 1884
2 sentences

1972Whether such limitation or conditions be expressed in the grant or not is immaterial, for, as said in Butchers’ Union Slaughter House v. Crescent City Live Stock Landing Co., 111 U.S. 746 , the power to control and regulate the streets so as to protect the public health, is one that cannot be bargained away by legislative or municipal grant.

1943Whether such limitation or conditions be expressed in the grant or not is immaterial, for, as said in Butchers’ Union Slaughter House Co. v. Crescent City Live Stock Landing Co., 111 U. S. 746 , the power to control and regulate the streets so as to protect the public health, is one that cannot be bargained away by legislative or municipal grant.

71906–1972
Snyder v. Harmon green
pa · 1989
2 sentences

1991As the Supreme Court noted in Snyder v. Harmon, 522 Pa. 424 , 562 A.2d 307 (1989), the exceptions to the legislative grant of immunity with respect to local governments or political subdivisions, found at 42 Pa.C.S. § 8542(b)(1) through (8), are to be strictly construed.

1991As the Supreme Court noted in Snyder v. Harmon, 522 Pa. 424 , 562 A.2d 307 (1989), the exceptions to the legislative grant of immunity with respect to local governments or political subdivisions, found at 42 Pa.C.S. § 8542(b)(1) through (8), are to be strictly construed.

11991–1991
GOLDMAN v. McShain green
pa · 1968
2 sentences

1981Appellant cites Goldman v. McShain, 432 Pa. 61 , 247 A.2d 455 (1968), in support of his argument that an affirmative defense should not be upheld by granting a motion for judgment on the pleadings.

1981Appellant cites Goldman v. McShain, 432 Pa. 61 , 247 A.2d 455 (1968), in support of his argument that an affirmative defense should not be upheld by granting a motion for judgment on the pleadings.

11981–1981
Reina v. United States green
scotus · 1960
2 sentences

1973Interpreting a legislative grant of immunity for witnesses compelled to testify before federal grand juries investigating alleged violations of the federal narcotics laws, the Supreme Court of the United States in Reina v. United States, 364 U.S. 507 , 5 L.

1973Interpreting a legislative grant of immunity for witnesses compelled to testify before federal grand juries investigating alleged violations of the federal narcotics laws, the Supreme Court of the United States in Reina v. United States, 364 U.S. 507 , 5 L.

11973–1973

Statutes the citing opinions construe

PA § 42 Pa. Cons. Stat. § 8542 (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

PA 13 (1906–1991) NM 5 (1991–2013) CA 5 (1967–2023) NC 3 (2020–2020) FL 3 (1969–2018) CO 3 (1995–1999) MI 2 (1976–1981) LA 2 (1986–1987) NY 2 (1990–2004) AL 2 (1977–1983) WA 2 (2014–2014) KY 2 (1987–2006)

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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