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8 Mississippi opinions name it 1 courts 1998–2010 0 in the last five years
The cases below were cited by Mississippi 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.
| Case | Followed | Cited |
|---|---|---|
United States v. Gaubertgreen2 sentences2002In determining the scope of the acts protected under the exception, the Supreme Court held that only those functions which by nature are policy decisions, whether made at the operational or planning level, are protected. `[T]he purpose of the exception is to prevent judicial second-guessing of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort.' In discerning whether a function is afforded immunity under the discretionary function, it must first be determined whether the activity involved `an element of choice or 2002In determining the scope of the acts protected under the exception, the Supreme Court held that only those functions which by nature are policy decisions, whether made at the operational or planning level, are protected. `[T]he purpose of the exception is to prevent judicial second-guessing of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort.' In discerning whether a function is afforded immunity under the discretionary function, it must first be determined whether the activity involved `an element of choice or | 1 | 8 |
United States v. S.A. Empresa De Viacao Aerea Rio Grandensegreen2 sentences2006United States v. Gaubert, 499 U.S. 315, 322 , 111 S.Ct. 1267 , 113 L.Ed.2d 335 (1991). `The purpose of the exception is to prevent judicial second-guessing of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort.' Id. at 323 [, 111 S.Ct. 1267 ] (quoting United States v. Varig Airlines, 467 U.S. 797, 814 , 104 S.Ct. 2755 , 81 L.Ed.2d 660 (1984)). 2006United States v. Gaubert, 499 U.S. 315, 322 , 111 S.Ct. 1267 , 113 L.Ed.2d 335 (1991). `The purpose of the exception is to prevent judicial second-guessing of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort.' Id. at 323 [, 111 S.Ct. 1267 ] (quoting United States v. Varig Airlines, 467 U.S. 797, 814 , 104 S.Ct. 2755 , 81 L.Ed.2d 660 (1984)). | 1 | 3 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jones v. Mississippi Dept. of Transp.
yellow
2 sentences2002In determining the scope of the acts protected under the exception, the Supreme Court held that only those functions which by nature are policy decisions, whether made at the operational or planning level, are protected. `[T]he purpose of the exception is to prevent judicial second-guessing of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort.' In discerning whether a function is afforded immunity under the discretionary function, it must first be determined whether the activity involved `an element of choice or 1999In determining the scope of the acts protected under the exception, the Supreme Court held that only those functions which by nature are policy decisions, whether made at the operational or planning level, are protected. '[T]he purpose of the exception is to prevent judicial second-guessing of legislative and administrative decisions grounded in social, economic, and political policy through the medium of an action in tort.' In discerning whether a function is afforded immunity under the discretionary function, it must first be determined whether the activity involved 'an element of choice or | 2 | 1999–2002 |
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.