ktca immunity (Kansas) · Go Syfert
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ktca immunity in Kansas

7 Kansas opinions name it 2 courts 2001–2022 1 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 (6)

CaseFollowedCited
Soto v. City of Bonner Springsgreen
kan · 2010 · cited in 2 Kansas opinions naming this issue, 2011–2017
2 sentences

2017See Soto v. City of Bonner Springs, 291 Kan. 73, 78 , 238 P.3d 278 (2010) (KTCA immunity); Jackson v. U.S.D. 259, 268 Kan. 319 , Syl. ¶ 3, 995 P.2d 844 (2000) (KTCA immunity); Redding v. Shelton's Harley Davidson, Inc., 139 N.C.

2017See Soto v. City of Bonner Springs, 291 Kan. 73, 78 , 238 P.3d 278 (2010) (KTCA immunity); Jackson v. U.S.D. 259, 268 Kan. 319 , Syl. ¶ 3, 995 P.2d 844 (2000) (KTCA immunity); Redding v. Shelton's Harley Davidson, Inc., 139 N.C.

22
Thomas v. COUNTY COM'RS OF SHAWNEE COUNTYgreen
kan · 2011 · cited in 1 Kansas opinions naming this issue, 2019–2019
1 sentence

2019See Thomas, 293 Kan. at 233 (holding defendants abandoned argument for application of personnel policy exception under the KTCA that was raised but not supported by pertinent authority; noting government bears the burden to establish KTCA exception); see also McCain Foods USA, Inc. v. Central Processors, Inc., 275 Kan. 1, 15 , 61 P.3d 68 (2002) ("'A litigant who fails to press a point by supporting it with pertinent authority, or by showing why it is sound despite a lack of supporting authority or in the face of contrary authority, forfeits the point.'").

11
McCain Foods USA, Inc. v. Central Processors, Inc.green
kan · 2002 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019See Thomas, 293 Kan. at 233 (holding defendants abandoned argument for application of personnel policy exception under the KTCA that was raised but not supported by pertinent authority; noting government bears the burden to establish KTCA exception); see also McCain Foods USA, Inc. v. Central Processors, Inc., 275 Kan. 1, 15 , 61 P.3d 68 (2002) ("'A litigant who fails to press a point by supporting it with pertinent authority, or by showing why it is sound despite a lack of supporting authority or in the face of contrary authority, forfeits the point.'").

2019See Thomas, 293 Kan. at 233 (holding defendants abandoned argument for application of personnel policy exception under the KTCA that was raised but not supported by pertinent authority; noting government bears the burden to establish KTCA exception); see also McCain Foods USA, Inc. v. Central Processors, Inc., 275 Kan. 1, 15 , 61 P.3d 68 (2002) ("'A litigant who fails to press a point by supporting it with pertinent authority, or by showing why it is sound despite a lack of supporting authority or in the face of contrary authority, forfeits the point.'").

11
Williams v. C-U-Out Bail Bondsgreen
kanctapp · 2017 · cited in 1 Kansas opinions naming this issue, 2019–2019
2 sentences

2019The panel identified the discretionary function exception to government liability under K.S.A. 2016 Supp. 75-6104(e) as the exception to be examined and noted that "no mandatory duty or guideline has been shown that would have governed the means by which the police officers investigated the situation," 54 Kan. App. 2d at 615, but it specifically focused on whether there was a requirement that officers arrest the C-U-Out agents.

2019The panel identified the discretionary function exception to government liability under K.S.A. 2016 Supp. 75-6104(e) as the exception to be examined and noted that "no mandatory duty or guideline has been shown that would have governed the means by which the police officers investigated the situation," 54 Kan. App. 2d at 615, but it specifically focused on whether there was a requirement that officers arrest the C-U-Out agents.

11
Baska v. Scherzergreen
kan · 2007 · cited in 1 Kansas opinions naming this issue, 2017–2017
2 sentences

2017See Baska v. Scherzer, 283 Kan. 750, 756 , 156 P.3d 617 (2007) (civil assault entails threat of bodily harm coupled with apparent ability to carry out threat resulting in victim's immediate apprehension of harm).

2017See Baska v. Scherzer, 283 Kan. 750, 756 , 156 P.3d 617 (2007) (civil assault entails threat of bodily harm coupled with apparent ability to carry out threat resulting in victim's immediate apprehension of harm).

11
Adams v. Board of Sedgwick County Commissionersgreen
kan · 2009 · cited in 1 Kansas opinions naming this issue, 2011–2011
1 sentence

2011See Soto v. City of Bonner Springs, 291 Kan. 73, 78 , 238 P.3d 278 (2010) (applicability of KTCA immunity); Adams, 289 Kan. at 586 (existence of duty).

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 (6)

CaseCitedYears
Schreiner v. Hodge green
kan · 2022
2 sentences

2022K.S.A. 75-6104; Schreiner v. Hodge, 315 Kan. 25 , 37, 504 P.3d 410 (2022) (recognizing "the exceptions 12 to the general rule of liability are numerous and confirm 'there has been no wholesale rejection of immunity by the Kansas Legislature'").

2022K.S.A. 75-6104; Schreiner v. Hodge, 315 Kan. 25 , 37, 504 P.3d 410 (2022) (recognizing "the exceptions 12 to the general rule of liability are numerous and confirm 'there has been no wholesale rejection of immunity by the Kansas Legislature'").

12022–2022
Patterson v. Cowley County, Kansas green
kan · 2018
2 sentences

2020Patterson v. Cowley County, Kansas, 307 Kan. 616, 630 , 413 P.3d 432 (2018).

2020Patterson v. Cowley County, Kansas, 307 Kan. 616, 630 , 413 P.3d 432 (2018).

12020–2020
Robertson v. City of Topeka green
kan · 1982
2 sentences

2019Further, the Police Officers and thereby the City as their employer are immune from liability under the Kansas Tort Claims Act in the performance of their discretionary functions." On the issue of KTCA immunity, the judge cited Robertson v. City of Topeka, 231 Kan. 358 , 644 P.2d 458 (1982), saying Robertson made "clear that despite notice pleading it is incumbent upon the Plaintiffs to allege facts sufficient to remove the immunity." He concluded that the plaintiffs had failed to do so.

2019Further, the Police Officers and thereby the City as their employer are immune from liability under the Kansas Tort Claims Act in the performance of their discretionary functions." On the issue of KTCA immunity, the judge cited Robertson v. City of Topeka, 231 Kan. 358 , 644 P.2d 458 (1982), saying Robertson made "clear that despite notice pleading it is incumbent upon the Plaintiffs to allege facts sufficient to remove the immunity." He concluded that the plaintiffs had failed to do so.

12019–2019
Redding v. Shelton's Harley Davidson, Inc. green
ncctapp · 2000
2 sentences

2017App. 816, 821 , 534 S.E.2d 656 (2000) (privilege presents affirmative defense to civil battery on which defendant bears burden of proof); Prosser and Keeton on the Law of Torts § 16 (5th ed. 1984) (defendant must "plead and prove" privilege or justification excusing conduct otherwise amounting to intentional tort); 6A C.J.S., Assault § 49 19 (defendant bears burden of proving privilege or justification as affirmative defense to battery).

2017See Soto v. City of Bonner Springs, 291 Kan. 73, 78 , 238 P.3d 278 (2010) (KTCA immunity); Jackson v. U.S.D. 259, 268 Kan. 319 , Syl. ¶ 3, 995 P.2d 844 (2000) (KTCA immunity); Redding v. Shelton's Harley Davidson, Inc., 139 N.C.

12017–2017
Jackson Ex Rel. Essien v. Unified School District 259 green
kan · 2000
2 sentences

2017See Soto v. City of Bonner Springs, 291 Kan. 73, 78 , 238 P.3d 278 (2010) (KTCA immunity); Jackson v. U.S.D. 259, 268 Kan. 319 , Syl. ¶ 3, 995 P.2d 844 (2000) (KTCA immunity); Redding v. Shelton's Harley Davidson, Inc., 139 N.C.

2017See Soto v. City of Bonner Springs, 291 Kan. 73, 78 , 238 P.3d 278 (2010) (KTCA immunity); Jackson v. U.S.D. 259, 268 Kan. 319 , Syl. ¶ 3, 995 P.2d 844 (2000) (KTCA immunity); Redding v. Shelton's Harley Davidson, Inc., 139 N.C.

12017–2017
Woodruff Ex Rel. Woodruff v. City of Ottawa green
kan · 1997
2 sentences

2001“Subject to the limitations of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment under circumstances where the governmental entity, if a private person, would be hable under the laws of the state.” Woodruff v. City of Ottawa, 263 Kan. 557 , Syl. ¶ 5, 951 P.2d 953 (1997).

2001“Subject to the limitations of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment under circumstances where the governmental entity, if a private person, would be hable under the laws of the state.” Woodruff v. City of Ottawa, 263 Kan. 557 , Syl. ¶ 5, 951 P.2d 953 (1997).

12001–2001

Statutes the citing opinions construe

KS § K.S.A. § 75-6104 (7) KS § K.S.A. § 75-6103 (6)

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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