issue of governmental immunity (Colorado) · Go Syfert
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issue of governmental immunity in Colorado

8 Colorado opinions name it 1 courts 1995–2025 4 in the last five years

The cases below were cited by Colorado 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
Tidwell v. City and County of Denvergreen
colo · 2003 · cited in 2 Colorado opinions naming this issue, 2022–2022
2 sentences

2022Tidwell, 83 P.3d at 85 .

2022Standard of Review ¶ 25 “Whether a claim falls within an exception to the [Act’s] waiver of sovereign immunity is a questio n of subject matter jurisdiction and, if raised before trial, it appro priately is addressed under C.R.C.P. 12(b)(1).” Fogg v. Ma caluso , 892 P.2d 271, 277 (Colo. 1995). “[W]here a plaintiff has sue d a governmental entity and that entity interposes a motion to dismi ss for lack of jurisdiction, the plaintiff has the burden of demonst rating that governmental immunity has been waived.” Ti dwell v. City & Cnty. of Denver , 83 P.3d 75, 85 (Colo. 2003). ¶ 26 “[W]here, as he

12
Fogg v. MacAlusogreen
colo · 1995 · cited in 1 Colorado opinions naming this issue, 2022–2022
1 sentence

2022Standard of Review ¶ 25 “Whether a claim falls within an exception to the [Act’s] waiver of sovereign immunity is a questio n of subject matter jurisdiction and, if raised before trial, it appro priately is addressed under C.R.C.P. 12(b)(1).” Fogg v. Ma caluso , 892 P.2d 271, 277 (Colo. 1995). “[W]here a plaintiff has sue d a governmental entity and that entity interposes a motion to dismi ss for lack of jurisdiction, the plaintiff has the burden of demonst rating that governmental immunity has been waived.” Ti dwell v. City & Cnty. of Denver , 83 P.3d 75, 85 (Colo. 2003). ¶ 26 “[W]here, as he

11
Swieckowski Ex Rel. Swieckowski v. City of Fort Collinsgreen
colo · 1997 · cited in 1 Colorado opinions naming this issue, 1999–1999
1 sentence

1999See Swieckowski v. City of Fort Collins, 934 P.2d 1380 (Colo.1997)(if-the facts are undisputed, the issue of governmental immunity under the GIA is one of law and the appellate court is not bound by the trial court’s determination).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Padilla Ex Rel. Padilla v. School District No. 1 in the City & County of Denver green
colo · 2001
2 sentences

2025But where, as here, the relevant facts are undisputed, the issue of governmental immunity is one of law, and the district court may rule on the jurisdictional issue without an evidentiary hearing.1 Id.

2014Padilla, 25 P.3d at 1180 .

22014–2025
Trinity Broadcasting of Denver, Inc. v. City of Westminster green
colo · 1993
2 sentences

1995A. In support of its argument that the trial court erred in its failure to hold a pretrial evidentiary hearing on the issue of governmental immunity, defendant cites Trinity Broadcasting of Denver, Inc. v. City of Westminster, supra .

1995A. In support of its argument that the trial court erred in its failure to hold a pretrial evidentiary hearing on the issue of governmental immunity, defendant cites Trinity Broadcasting of Denver, Inc. v. City of Westminster, supra. That case, however, unlike this one, involved a factual dispute between the parties which the trial court should have resolved in a pretrial hearing.

21995–1995
Corsentino v. Cordova green
colo · 2000
1 sentence

2022We strictly construe the exceptions to waiver provisions because “the ultimate 5 effect of the exceptions is to grant immunity.” Corsentino, 4 P.3d at 1086 . ¶ 12 An issue of governmental immunity under the CGIA presents a question of subject matter jurisdiction to be determined under C.R.C.P. 12(b)(1).

12022–2022
Foster v. Board of Governors ex rel. Colorado State University green
coloctapp · 2014
2 sentences

2022Standard of Review ¶ 25 “Whether a claim falls within an exception to the [Act’s] waiver of sovereign immunity is a questio n of subject matter jurisdiction and, if raised before trial, it appro priately is addressed under C.R.C.P. 12(b)(1).” Fogg v. Ma caluso , 892 P.2d 271, 277 (Colo. 1995). “[W]here a plaintiff has sue d a governmental entity and that entity interposes a motion to dismi ss for lack of jurisdiction, the plaintiff has the burden of demonst rating that governmental immunity has been waived.” Ti dwell v. City & Cnty. of Denver , 83 P.3d 75, 85 (Colo. 2003). ¶ 26 “[W]here, as he

2022Standard of Review ¶ 25 “Whether a claim falls within an exception to the [Act’s] waiver of sovereign immunity is a questio n of subject matter jurisdiction and, if raised before trial, it appro priately is addressed under C.R.C.P. 12(b)(1).” Fogg v. Ma caluso , 892 P.2d 271, 277 (Colo. 1995). “[W]here a plaintiff has sue d a governmental entity and that entity interposes a motion to dismi ss for lack of jurisdiction, the plaintiff has the burden of demonst rating that governmental immunity has been waived.” Ti dwell v. City & Cnty. of Denver , 83 P.3d 75, 85 (Colo. 2003). ¶ 26 “[W]here, as he

12022–2022
Joy Maphis v. City of Boulder, Colorado green
colo · 2022
1 sentence

2022Maphis v. City of Boulder, 2022 CO 10, ¶ 13 .

12022–2022

Statutes the citing opinions construe

CO § Colo. Rev. Stat. § 24-10-106 (7) CO § Colo. Rev. Stat. § 24-10-101 (5) CO § Colo. Rev. Stat. § 24-10-103 (5) CO § Colo. Rev. Stat. § 24-10-108 (5)

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

CT 77 (1988–2022) MI 27 (1975–2026) TX 21 (1986–2024) OH 14 (1974–2025) CO 8 (1995–2025) PA 8 (1982–2024) NC 7 (1981–2025) NY 6 (2001–2014) MD 5 (1970–2026) LA 5 (1962–1975) CA 5 (1972–2013) WI 4 (1952–2021) KY 4 (1977–2023) NM 4 (1985–2023) GA 3 (1978–2023) UT 2 (1973–1994) KS 2 (1976–2024)

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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