defense of official immunity (Missouri) · Go Syfert
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defense of official immunity in Missouri

9 Missouri opinions name it 2 courts 1992–2017 0 in the last five years

The cases below were cited by Missouri 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 (7)

CaseFollowedCited
Southers v. City of Farmingtongreen
mo · 2008 · cited in 4 Missouri opinions naming this issue, 2014–2017
2 sentences

2017Thus, “[b]ecause the defense of official immunity is personal to a public employee, it cannot extend to protect his employing governmental entity sued under the doctrine of respondeat superior.” Id.

2016As such, the cases Haley cites are neither persuasive nor controlling. 8 The trial court could properly have concluded, therefore, that Bennett and Smoot are public officials entitled to assert the defense of official immunity, so long as their alleged acts of negligence were “ ‘committed during the course ' of their official duties for the performance of discretionary acts.’ ” Id. (quoting Southers, 263 S.W.3d at 610 ).

24
Lehmen ex rel. Lehmen v. Wansinggreen
mo · 1981 · cited in 2 Missouri opinions naming this issue, 2016–2016
2 sentences

2016The eases upon, which Plaintiffs rely to support their argument that Relator is not a public officer entitled to assert the defense of official immunity, including Jackson v. Roberts, 774 S.W.2d 860, 861 (Mo.App.E.D.1989), and Lehmen v. Wansing, 624 S.W.2d 1, 2-3 (Mo.1981), were decided before the Missouri Supreme Court issued its decision in Southers.

2016These cases include Jackson v. Roberts, 774 S.W.2d 860 (Mo.App.E.D. 1989); Lehmen v. Warning, 624 S.W.2d 1 (Mo. banc 1981); Spearman v. Univ.

12
Jackson v. Robertsgreen
moctapp · 1989 · cited in 2 Missouri opinions naming this issue, 2016–2016
2 sentences

2016The eases upon, which Plaintiffs rely to support their argument that Relator is not a public officer entitled to assert the defense of official immunity, including Jackson v. Roberts, 774 S.W.2d 860, 861 (Mo.App.E.D.1989), and Lehmen v. Wansing, 624 S.W.2d 1, 2-3 (Mo.1981), were decided before the Missouri Supreme Court issued its decision in Southers.

2016These cases include Jackson v. Roberts, 774 S.W.2d 860 (Mo.App.E.D. 1989); Lehmen v. Warning, 624 S.W.2d 1 (Mo. banc 1981); Spearman v. Univ.

12
M.C.-B. ex rel. T.B. v. Hazelwood School Districtgreen
moctapp · 2013 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016Dist., 417 S.W.3d 261, 263 (Mo.App.E.D. 2013) (availability of the defense of official immunity and the defense of immunity under the.

11
Lambert v. Cartwrightgreen
ncctapp · 2003 · cited in 1 Missouri opinions naming this issue, 2011–2011
2 sentences

2011See, e.g., Lambert v. Cartwright, 160 N.C.App. 73 , 584 S.E.2d 341, 344 (2003); Britton v. Koep, 470 N.W.2d 518, 523-24 (Minn.1991).

2011See, e.g., Lambert v. Cartwright, 160 N.C.App. 73 , 584 S.E.2d 341, 344 (2003); Britton v. Koep, 470 N.W.2d 518, 523-24 (Minn.1991).

11
Britton v. Koepgreen
minn · 1991 · cited in 1 Missouri opinions naming this issue, 2011–2011
1 sentence

2011See, e.g., Lambert v. Cartwright, 160 N.C.App. 73 , 584 S.E.2d 341, 344 (2003); Britton v. Koep, 470 N.W.2d 518, 523-24 (Minn.1991).

11
State Ex Rel. Twiehaus v. Adolfgreen
mo · 1986 · cited in 1 Missouri opinions naming this issue, 1992–1992
1 sentence

1992Twiehaus v. Adolf, 706 S.W.2d 443, 446-47 (Mo.banc 1986), the court undertook an extensive examination of decisions from Missouri and other jurisdictions pertaining to the type of conduct required to overcome the defense of official immunity.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Devin Woods v. Carl Ware green
moctapp · 2015
1 sentence

2016"Official immunity is designed to protect individual public employees who must exercise discretion in performance of their duties...." Ware, 471 S.W.3d at 392 (citing Davis, 193 S.W.3d at 765 ).

12016–2016
Davis v. Lambert-St. Louis International Airport green
mo · 2006
1 sentence

2016"Official immunity is designed to protect individual public employees who must exercise discretion in performance of their duties...." Ware, 471 S.W.3d at 392 (citing Davis, 193 S.W.3d at 765 ).

12016–2016
Dixon v. Holden green
moctapp · 1996
1 sentence

2002Id.

12002–2002
Bates v. State green
moctapp · 1983
1 sentence

2000Bates v. State , 664 S.W.2d 563 (Mo.App. 1983).

12000–2000

Where else courts name it

TX 63 (1987–2025) GA 17 (1989–2012) MO 9 (1992–2017) MN 5 (1992–1997) PA 5 (1979–1995) KY 5 (1977–2025) NM 2 (1973–1973)

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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