6 Missouri opinions name it 2 courts 1997–2023 1 in the last five years
The cases below were cited by Missouri 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 |
|---|---|---|
Kanagawa v. State by and Through Freemangreen2 sentences2023Missouri courts consider three factors in determining whether an act is ministerial or discretionary: “(1) the nature of the duties; (2) how much policymaking or professional expertise 9 and judgment the act involves; and (3) the consequences of withholding immunity.” Davis, 193 S.W.3d at 763 (citing Kanagawa v. State By and Through Freeman, 685 S.W.2d 831, 836 (Mo. banc 1985). 2016Kanagawa, 685 S.W.2d at 836 . | 2 | 4 |
Geiger v. Bowersoxgreen1 sentence2006In Geiger v. Bowersox, a prison nurse’s duties were found to be ministerial because they only entailed following the prescribed prison policy. 974 S.W.2d 513, 517 (Mo.App. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Davis v. Lambert-St. Louis International Airport
green
2 sentences2023Missouri courts consider three factors in determining whether an act is ministerial or discretionary: “(1) the nature of the duties; (2) how much policymaking or professional expertise 9 and judgment the act involves; and (3) the consequences of withholding immunity.” Davis, 193 S.W.3d at 763 (citing Kanagawa v. State By and Through Freeman, 685 S.W.2d 831, 836 (Mo. banc 1985). 2015“To discern whether an act is ministerial or discretionary, the court looks to three factors: (1) the nature of the duties; (2) how much policymaking or professional expertise and judgment the act involves; and (3) the consequences of withholding immunity.” Davis, 193 S.W.3d at 763 . | 2 | 2015–2023 |