exceptions to governmental immunity (Maine) · Go Syfert
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exceptions to governmental immunity in Maine

6 Maine opinions name it 1 courts 1995–2022 1 in the last five years

The cases below were cited by Maine 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
Searle v. Town of Bucksportgreen
me · 2010 · cited in 1 Maine opinions naming this issue, 2022–2022
2 sentences

2022See Searle, 2010 ME 89, ¶ 42 , 3 A.3d 390 (Jabar, J., dissenting) (“The Legislature enacted the MTCA to afford citizens a remedy to which they otherwise would not be entitled due to sovereign immunity.”); Rodriguez v. Town of Moose River, 2007 ME 68 , ¶ 34 n.4, 922 A.2d 484 (“The Legislature created the narrow exceptions to governmental immunity under the assumption that governmental entities would acquire insurance to cover liability for claims outside immunity protection . . . .”).

2022See Searle, 2010 ME 89, ¶ 42 , 3 A.3d 390 (Jabar, J., dissenting) (“The Legislature enacted the MTCA to afford citizens a remedy to which they otherwise would not be entitled due to sovereign immunity.”); Rodriguez v. Town of Moose River, 2007 ME 68 , ¶ 34 n.4, 922 A.2d 484 (“The Legislature created the narrow exceptions to governmental immunity under the assumption that governmental entities would acquire insurance to cover liability for claims outside immunity protection . . . .”).

11
Sargent v. Buckleygreen
me · 1997 · cited in 1 Maine opinions naming this issue, 1999–1999
2 sentences

1999See Sargent v. Buckley, 1997 ME 159, ¶ 10 , 697 A.2d 1272, 1275 . [¶ 4] The MTCA provides immunity to all governmental entities from suit on all tort claims seeking recovery for damages, “except as otherwise expressly provided by statute.” See 14 M.R.S.A. §§ 8103-8104-A. Section 8104-A provides the exceptions to governmental immunity at issue in this case: [A] governmental entity is liable for property damage, bodily injury or death in the following instances. 1.

1999See Sargent v. Buckley, 1997 ME 159, ¶ 10 , 697 A.2d 1272, 1275 . [¶ 4] The MTCA provides immunity to all governmental entities from suit on all tort claims seeking recovery for damages, “except as otherwise expressly provided by statute.” See 14 M.R.S.A. §§ 8103-8104-A. Section 8104-A provides the exceptions to governmental immunity at issue in this case: [A] governmental entity is liable for property damage, bodily injury or death in the following instances. 1.

11
Lovejoy v. Stategreen
me · 1988 · cited in 1 Maine opinions naming this issue, 1995–1995
1 sentence

1995Lovejoy v. State, 544 A.2d 750, 751 (Me.1988); Darling, 535 A.2d at 424 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Rodriguez v. Town of Moose River green
me · 2007
2 sentences

2022See Searle, 2010 ME 89, ¶ 42 , 3 A.3d 390 (Jabar, J., dissenting) (“The Legislature enacted the MTCA to afford citizens a remedy to which they otherwise would not be entitled due to sovereign immunity.”); Rodriguez v. Town of Moose River, 2007 ME 68 , ¶ 34 n.4, 922 A.2d 484 (“The Legislature created the narrow exceptions to governmental immunity under the assumption that governmental entities would acquire insurance to cover liability for claims outside immunity protection . . . .”).

2022See Searle, 2010 ME 89, ¶ 42 , 3 A.3d 390 (Jabar, J., dissenting) (“The Legislature enacted the MTCA to afford citizens a remedy to which they otherwise would not be entitled due to sovereign immunity.”); Rodriguez v. Town of Moose River, 2007 ME 68 , ¶ 34 n.4, 922 A.2d 484 (“The Legislature created the narrow exceptions to governmental immunity under the assumption that governmental entities would acquire insurance to cover liability for claims outside immunity protection . . . .”).

32009–2022
Petillo v. City of Portland green
me · 1995
1 sentence

1996Id. at 327 .

11996–1996
Darling v. Augusta Mental Health Institute green
me · 1987
1 sentence

1995Lovejoy v. State, 544 A.2d 750, 751 (Me.1988); Darling, 535 A.2d at 424 .

11995–1995

Statutes the citing opinions construe

ME § Me. Rev. Stat. tit. 14, § 8103 (5) ME § Me. Rev. Stat. tit. 14, § 8104-A (4)

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

PA 63 (1987–2026) MI 29 (1978–2025) CT 7 (1992–2014) ME 6 (1995–2022)

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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