governmental agency cannot properly claim (Kansas) · Go Syfert
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governmental agency cannot properly claim in Kansas

8 Kansas opinions name it 2 courts 1988–2020 0 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 (4)

CaseFollowedCited
Dougan v. Rossville Drainage Districtgreen
kan · 1988 · cited in 3 Kansas opinions naming this issue, 1993–2020
2 sentences

2020See Thomas, 293 Kan. at 236 (discretionary function immunity does not shield choice among 17 available options that violates legal duty); Dougan v. Rossville Drainage Dist., 243 Kan. 315, 322 , 757 P.2d 272 (1988) ("The governmental agency cannot properly claim that its challenged action falls within the discretionary function exception where the action taken violated a legal duty."); Schreiner v. Hodge, 55 Kan.

2020See Thomas, 293 Kan. at 236 (discretionary function immunity does not shield choice among 17 available options that violates legal duty); Dougan v. Rossville Drainage Dist., 243 Kan. 315, 322 , 757 P.2d 272 (1988) ("The governmental agency cannot properly claim that its challenged action falls within the discretionary function exception where the action taken violated a legal duty."); Schreiner v. Hodge, 55 Kan.

23
State v. Ransomgreen
kan · 1983 · cited in 2 Kansas opinions naming this issue, 1993–1993
2 sentences

1993The governmental agency cannot properly claim that its challenged action falls within the discretionary function exception where the action taken violated a legal duty." 234 Kan. at 322.

1993The governmental agency cannot properly claim that its challenged action falls within the discretionary function exception where the action taken violated a legal duty.” 234 Kan. at 322.

22
Thomas v. COUNTY COM'RS OF SHAWNEE COUNTYgreen
kan · 2011 · cited in 1 Kansas opinions naming this issue, 2020–2020
1 sentence

2020See Thomas, 293 Kan. at 236 (discretionary function immunity does not shield choice among 17 available options that violates legal duty); Dougan v. Rossville Drainage Dist., 243 Kan. 315, 322 , 757 P.2d 272 (1988) ("The governmental agency cannot properly claim that its challenged action falls within the discretionary function exception where the action taken violated a legal duty."); Schreiner v. Hodge, 55 Kan.

11
Nero v. Kansas State Universitygreen
kan · 1993 · cited in 1 Kansas opinions naming this issue, 2001–2001
2 sentences

2001A governmental agency cannot properly claim that its challenged action falls within the discretionary function exception where the action taken violates a legal duty. 253 Kan. at 587 . *264 The trial court found the defendants owed a general duty of care to students under their care and were, therefore, not qualified for protection under K.S.A. 75-6104(e).

2001See Nero v. Kansas State University, 253 Kan. 567, 587 , 861 P.2d 768 (1993).

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 (2)

CaseCitedYears
CJW v. State green
kan · 1993
1 sentence

1993The governmental agency cannot properly claim that its challenged action falls within the discretionary function exception where the action taken violated a legal duty.” 253 Kan. 1 , Syl. ¶¶ 3, 4, 5, 7.

11993–1993
Cansler v. State green
kan · 1984
2 sentences

1988In Cansler v. State, 234 Kan. 554 , 675 P.2d 57 (1984), Cansler was a police officer who sustained serious injuries when he was shot by prison escapees.

1988In Cansler v. State, 234 Kan. 554 , 675 P.2d 57 (1984), Cansler was a police officer who sustained serious injuries when he was shot by prison escapees.

11988–1988

Statutes the citing opinions construe

KS § K.S.A. § 75-6104 (8) KS § K.S.A. § 75-6101 (6) KS § K.S.A. § 75-6103 (6) KS § K.S.A. § 75-5210 (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.

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