discretionary function exception (South Dakota) · Go Syfert
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discretionary function exception in South Dakota

7 South Dakota opinions name it 1 courts 1990–2003 0 in the last five years

The cases below were cited by South Dakota 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
Hansen v. South Dakota Department of Transportationgreen
sd · 1998 · cited in 4 South Dakota opinions naming this issue, 2000–2003
2 sentences

2003Hansen, 1998 SD 109 at ¶ 23, 584 N.W.2d at 886 (quoting 57 Am.Jur.2d Municipal, County, School & State Tort Liability § 120, at 132-33 (1988)). [¶27.] South Dakota is located in the northern great plains and there will be frequent occasions when the state is subjected to severe bad weather.

2003Hansen, 1998 SD 109 at ¶ 23, 584 N.W.2d at 886 (quoting 57 Am.Jur.2d Municipal, County, School & State Tort Liability § 120, at 132-33 (1988)). [¶27.] South Dakota is located in the northern great plains and there will be frequent occasions when the state is subjected to severe bad weather.

34
Thompson v. Summersgreen
sd · 1997 · cited in 2 South Dakota opinions naming this issue, 1998–1998
2 sentences

1998If there is a readily ascertainable standard by which the action of the government servant may be measured, whether that standard is written *894 or the product of experience, it is not within the discretionary function exception. [¶ 51.] This court has consistently held that "an unexcused violation of a statute enacted to promote safety constitutes negligence per se." Thompson, 1997 SD 103 at ¶ 16 , 567 N.W.2d at 393 (citations omitted).

1998If there is a readily ascertainable standard by which the action of the government servant may be measured, whether that standard is written *894 or the product of experience, it is not within the discretionary function exception. [¶ 51.] This court has consistently held that "an unexcused violation of a statute enacted to promote safety constitutes negligence per se." Thompson, 1997 SD 103 at ¶ 16 , 567 N.W.2d at 393 (citations omitted).

22
Robertson v. City of Topekagreen
kan · 1982 · cited in 2 South Dakota opinions naming this issue, 1998–1998
2 sentences

1998Accord Robertson v. City of Topeka, 231 Kan. 358 , 644 P.2d 458, 462 (Kan 1982) (stating that focus should not be on status of employee). [18] [¶ 49.] There can be no doubt that Howard performs many discretionary tasks in the course of his employment.

1998Accord Robertson v. City of Topeka, 231 Kan. 358 , 644 P.2d 458, 462 (Kan 1982) (stating that focus should not be on status of employee). [18] [¶ 49.] There can be no doubt that Howard performs many discretionary tasks in the course of his employment.

22
National Bank of South Dakota v. Leirgreen
sd · 1982 · cited in 1 South Dakota opinions naming this issue, 1990–1990
2 sentences

1990In National Bank of South Dakota v. Leir, 325 N.W.2d 845, 848 (S.D.1982), we looked to the test established in the Restatement (Second) of Torts § 895(d) Comment f (1979), to determine what is a discretionary function. (1) The nature and importance of the function that the officer is performing. ... (2) The extent to which passing judgment on the exercise of discretion by the officer will amount necessarily to passing judgment by the court on the conduct of a coordinate branch of government.... (3) The extent to which the imposition of liability would impair the free exercise of his discretion

1990In National Bank of South Dakota v. Leir, 325 N.W.2d 845, 848 (S.D.1982), we looked to the test established in the Restatement (Second) of Torts § 895(d) Comment f (1979), to determine what is a discretionary function. (1) The nature and importance of the function that the officer is performing.... (2) The extent to which passing judgment on the exercise of discretion by the officer will amount necessarily to passing judgment by the court on the conduct of a coordinate branch of government.... (3) The extent to which the imposition of liability would impair the free exercise of his discretion

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Vista Resources, Inc. v. Seagrave Corp. green
scotus · 1984
2 sentences

1998See also State Tort Liability § 118, at 130: [W]hether the acts giving rise to a complaint are discretionary or ministerial is a factual question depending on the nature of the act and not the care with which it is performed, or the rank or identity of the actor [.] (Emphasis added); United States v. Varig Airlines, 467 U.S. 797, 813 , 104 S.Ct. 2765 , 2764, 81 L.Ed.2d 660, 674 , reh’g denied, 468 U.S. 1226 , 105 S.Ct. 26 , 82 L.Ed.2d 919 (1984): First, it is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception applies in a g

1998See also State Tort Liability § 118, at 130: [W]hether the acts giving rise to a complaint are discretionary or ministerial is a *893 factual question depending on the nature of the act and not the care with which it is performed, or the rank or identity of the actor [.] (Emphasis added); United States v. Varig Airlines, 467 U.S. 797, 813 , 104 S.Ct. 2755, 2764 , 81 L.Ed.2d 660, 674 , reh'g denied, 468 U.S. 1226 , 105 S.Ct. 26 , 82 L.Ed.2d 919 (1984): First, it is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception applies i

21998–1998
South Carolina v. United States green
scotus · 1984
2 sentences

1998See also State Tort Liability § 118, at 130: [W]hether the acts giving rise to a complaint are discretionary or ministerial is a *893 factual question depending on the nature of the act and not the care with which it is performed, or the rank or identity of the actor [.] (Emphasis added); United States v. Varig Airlines, 467 U.S. 797, 813 , 104 S.Ct. 2755, 2764 , 81 L.Ed.2d 660, 674 , reh'g denied, 468 U.S. 1226 , 105 S.Ct. 26 , 82 L.Ed.2d 919 (1984): First, it is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception applies i

1998See also State Tort Liability § 118, at 130: [W]hether the acts giving rise to a complaint are discretionary or ministerial is a *893 factual question depending on the nature of the act and not the care with which it is performed, or the rank or identity of the actor [.] (Emphasis added); United States v. Varig Airlines, 467 U.S. 797, 813 , 104 S.Ct. 2755, 2764 , 81 L.Ed.2d 660, 674 , reh'g denied, 468 U.S. 1226 , 105 S.Ct. 26 , 82 L.Ed.2d 919 (1984): First, it is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception applies i

21998–1998
United States v. S.A. Empresa De Viacao Aerea Rio Grandense green
scotus · 1984
2 sentences

1998See also State Tort Liability § 118, at 130: [W]hether the acts giving rise to a complaint are discretionary or ministerial is a *893 factual question depending on the nature of the act and not the care with which it is performed, or the rank or identity of the actor [.] (Emphasis added); United States v. Varig Airlines, 467 U.S. 797, 813 , 104 S.Ct. 2755, 2764 , 81 L.Ed.2d 660, 674 , reh'g denied, 468 U.S. 1226 , 105 S.Ct. 26 , 82 L.Ed.2d 919 (1984): First, it is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception applies i

1998See also State Tort Liability § 118, at 130: [W]hether the acts giving rise to a complaint are discretionary or ministerial is a *893 factual question depending on the nature of the act and not the care with which it is performed, or the rank or identity of the actor [.] (Emphasis added); United States v. Varig Airlines, 467 U.S. 797, 813 , 104 S.Ct. 2755, 2764 , 81 L.Ed.2d 660, 674 , reh'g denied, 468 U.S. 1226 , 105 S.Ct. 26 , 82 L.Ed.2d 919 (1984): First, it is the nature of the conduct, rather than the status of the actor, that governs whether the discretionary function exception applies i

21998–1998

Statutes the citing opinions construe

SD § S.D. Codified Laws § 15-6-56 (5) SD § S.D. Codified Laws § 21-32-16 (4) SD § S.D. Codified Laws § 21-32-17 (3) SD § S.D. Codified Laws § 21-32A-1 (3) SD § S.D. Codified Laws § 21-32A-2 (3) SD § S.D. Codified Laws § 3-22-1 (3) SD § S.D. Codified Laws § 31-4-14 (3) SD § S.D. Codified Laws § 31-5-1 (3) SD § S.D. Codified Laws § 31-5-8.3 (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.

Where else courts name it

KS 69 (1982–2024) MA 65 (1983–2025) TX 46 (1993–2024) MN 44 (1974–2025) IA 37 (1977–2025) TN 36 (1990–2024) LA 31 (1990–2017) VT 29 (1993–2026) MS 29 (1997–2026) NE 28 (1984–2021) UT 28 (1980–2026) AK 23 (1972–2012) AL 23 (1988–2017) ID 20 (1981–2022) IN 19 (1988–2020) GA 19 (1995–2024) FL 18 (1979–2009) ME 17 (1987–2022) NH 17 (1983–2025) ND 13 (1974–2022) NV 11 (1987–2020) HI 11 (1969–2024) OR 10 (1978–2016) NJ 7 (1983–2004) SD 7 (1990–2003) DC 7 (1979–2009) CA 6 (1968–2023) OH 5 (1987–2016) MO 3 (1993–2018) MT 3 (1990–1994) NY 3 (1973–2024) WA 3 (1978–1991) MD 2 (2011–2025) OK 2 (1990–1999) WY 2 (1980–1989) DE 2 (1984–1992)

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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