cloak of sovereign immunity (Virginia) · Go Syfert
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cloak of sovereign immunity in Virginia

9 Virginia opinions name it 7 courts 1973–2016 0 in the last five years

The cases below were cited by Virginia 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 (5)

CaseFollowedCited
Crabbe v. School Board and Albritegreen
va · 1968 · cited in 2 Virginia opinions naming this issue, 1973–1995
2 sentences

1995Sayers v. Bullar, supra; see Crabbe v. School Board and Albrite, 209 Va. 356 , 164 S.E.2d 639 (1968) .

1995Sayers v. Bullar, supra; see Crabbe v. School Board and Albrite, 209 Va. 356 , 164 S.E.2d 639 (1968) .

22
Heider v. Clemonsgreen
va · 1991 · cited in 2 Virginia opinions naming this issue, 2013–2016
2 sentences

2016Heider v. Clemons, 241 Va. 143, 145 , 400 S.E.2d 190, 191 (1991) (“[T]he simple operation of an automobile did not involve special risks arising from the governmental activity, or the exercise of judgment or discretion about the proper means of effectuating the governmental purpose of the driver’s employer.”); see also Friday-Spivey v. Collier, 268 Va. 384 , 601 S.E.2d 591 (2004) (finding that the driver of afire truck, which truck required specialized training to operate, was not entitled to sovereign immunity when delivering equipment which was necessary to rescue an infant from a locked car

2016Heider v. Clemons, 241 Va. 143, 145 , 400 S.E.2d 190, 191 (1991) (“[T]he simple operation of an automobile did not involve special risks arising from the governmental activity, or the exercise of judgment or discretion about the proper means of effectuating the governmental purpose of the driver’s employer.”); see also Friday-Spivey v. Collier, 268 Va. 384 , 601 S.E.2d 591 (2004) (finding that the driver of afire truck, which truck required specialized training to operate, was not entitled to sovereign immunity when delivering equipment which was necessary to rescue an infant from a locked car

12
Hoggard v. City of Richmondgreen
va · 1939 · cited in 2 Virginia opinions naming this issue, 1983–1985
2 sentences

1985Hoggard v. Richmond, 172 Va. 145 (1939), First Va. Bank-Colonial v. Baker, 225 Va. 72, 78 (1983).

1983See Hoggard v. Richmond, 172 Va. 145, 157 , 200 S.E. 610, 615 (1939).

12
Friday-Spivey v. Colliergreen
va · 2004 · cited in 1 Virginia opinions naming this issue, 2016–2016
2 sentences

2016Heider v. Clemons, 241 Va. 143, 145 , 400 S.E.2d 190, 191 (1991) (“[T]he simple operation of an automobile did not involve special risks arising from the governmental activity, or the exercise of judgment or discretion about the proper means of effectuating the governmental purpose of the driver’s employer.”); see also Friday-Spivey v. Collier, 268 Va. 384 , 601 S.E.2d 591 (2004) (finding that the driver of afire truck, which truck required specialized training to operate, was not entitled to sovereign immunity when delivering equipment which was necessary to rescue an infant from a locked car

2016Heider v. Clemons, 241 Va. 143, 145 , 400 S.E.2d 190, 191 (1991) (“[T]he simple operation of an automobile did not involve special risks arising from the governmental activity, or the exercise of judgment or discretion about the proper means of effectuating the governmental purpose of the driver’s employer.”); see also Friday-Spivey v. Collier, 268 Va. 384 , 601 S.E.2d 591 (2004) (finding that the driver of afire truck, which truck required specialized training to operate, was not entitled to sovereign immunity when delivering equipment which was necessary to rescue an infant from a locked car

11
First Virginia Bank-Colonial v. Bakergreen
va · 1983 · cited in 1 Virginia opinions naming this issue, 1985–1985
1 sentence

1985Hoggard v. Richmond, 172 Va. 145 (1939), First Va. Bank-Colonial v. Baker, 225 Va. 72, 78 (1983).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Elder v. Holland green
va · 1967
2 sentences

1995Nor does the cloak of sovereign immunity protect a state employee who commits an intentional tort, Elder v. Holland, 208 Va. 15 , 155 S.E.2d 369 (1967) , or one whose act is so negligent as to take him outside the scope of his employment.

1995Nor does the cloak of sovereign immunity protect a state employee who commits an intentional tort, Elder v. Holland, 208 Va. 15 , 155 S.E.2d 369 (1967) , or one whose act is so negligent as to take him outside the scope of his employment.

21973–1995
National Railroad Passenger Corp. v. Catlett Volunteer Fire Co. green
va · 1991
1 sentence

2014Hayes accurately quoted the definition which the-Court applied to the term “incident to,” but she overlooks the fact that the Court concluded only that “the operation of a fire truck en route to the scene of a fire is incident to fighting the fire.” Id. at 409 .

12014–2014
Lawhorne v. Harlan red
va · 1973
1 sentence

2002Id. (citations omitted).

12002–2002
James v. Jane green
va · 1980
2 sentences

1993In James v. Jane, 221 Va. 43 , 282 S.E.2d 864 (1980), which is controlling here, we held that certain defendants who were licensed to practice medicine at a state agency were not immune for their acts of medical negligence.

1993In James v. Jane, 221 Va. 43 , 282 S.E.2d 864 (1980), which is controlling here, we held that certain defendants who were licensed to practice medicine at a state agency were not immune for their acts of medical negligence.

11993–1993

Where else courts name it

VA 9 (1973–2016) NY 4 (2013–2014) FL 2 (1978–1992) PA 2 (1974–1978)

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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