K.S.A. § 75-6101

Citation of act; claims to which act applicable; act applicable to municipalities

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75-6101. Citation of act; claims to which act applicable; act applicable to municipalities. (a) K.S.A. 75-6101 to 75-6115, inclusive, shall be known and may be cited as the Kansas tort claims act.

(b) The Kansas tort claims act shall be applicable to claims arising from acts or omissions occurring on and after the effective date of this act.

(c) Municipalities may not exempt themselves from the provisions of the Kansas tort claims act by charter ordinance, charter resolution or other action.

History: L. 1979, ch. 186, § 1; July 1.

Notes of Decisions
Cited in 213 cases (20 in the last 5 years), 1981–2026 · leading case: Kansas State Bank & Trust Co. v. Specialized Transportation Services, Inc.
Kansas State Bank & Trust Co. v. Specialized Transportation Services, Inc. (1991) kan · cites it 8× “75-6104(e) of the Kansas Tort Claims Act (KTCA), K.S.A. 75-6101 et seq. ; (3) existence of a private right of action under the mandatory child abuse reporting statute, K.”
Robertson v. City of Topeka (1982) kan · cites it 6× “Robertson sued the City of Topeka and three officers of the Topeka Police Department for damages sustained to real property he owns in the City of Topeka.”
Jackson v. City of Kansas City (1984) kan · cites it 5× “75-6105 of the Kansas Tort Claims Act (K.S.A. 1983 Supp. 75-6101 et seq.) was equally applicable to governmental entities and their employees and apportioned damages within that limit as follows: Jackson— $87,750.”
Thornton v. Shore (1983) kan · cites it 6× “8-1506 and, accordingly, was immune from liability pursuant to K.S.A. 1982 Supp. 75-6104( d ) of the Kansas Tort Claims Act (K.”
Patterson v. Cowley County, Kansas (2018) kan · cites it 2× “Our focus is on three discrete aspects: (1) the Township's legal duty regarding traffic-control devices; (2) the County's failure to conduct an engineering study to assess the need for such devices; and (3) the County's assertion of statutory immunity under the Kansas Tort…”
Schmeck v. City of Shawnee (1982) kan · cites it 4× “It is important to bear in mind there is a marked distinction in this state between the liability of a city and that of the state, county or township. Historically cities were governed by the common law; state highways by K.”
Moore Ex Rel. Moore v. Board of County Commissioners (2007) ksd · cites it 10× “, and the Kansas Tort Claims Act, K.S.A. § 75-6101 et seq. This matter is before the Court on Defendants Board Of County Commissioners Of The County Of Leavenworth, Kansas, Navinsky, Graeber, Oroke, Zoellner, And Nye’s Motion For Summary Judgment (Doc.”
Beck v. Kansas Adult Authority (1987) kan · cites it 4× “"Immunity: The Kansas Supreme Court has stated that the Kansas Tort Claims Act, K.S.A. 1981 Supp. 75-6101, et seq., makes liability the rule and immunity the exception.”
Youngblood v. Qualls (2018) ksd · cites it 3× “§ 1983 and the Kansas Tort Claims Act, K.S.A. § 75-6101, et seq. , for Defendant's alleged violation of Plaintiff's First, Fourth, and Fourteenth Amendment rights, as well as his rights under Articles 11 and 15 of the Kansas Bill of Rights.”
McCormick v. Board of Shawnee County Comm'rs (2001) kan · cites it 3× “Thus, the court concluded that, in regard to signing the probable cause affidavit, Long was not entitled to absolute prosecutorial immunity or qualified immunity as to the § 1983 claim, nor was she immune from liability on the state tort law claims under either the public duty…”
Dunn v. Unified School District No. 367 (2002) kanctapp · cites it 4× “367 pursuant to the Kansas Tort Claims Act (KTCA), K.S.A. 75-6101 et seq. To summarize, Ballou alleged that U.”
Hill v. State (2019) kan · cites it 2× “The Kansas Tort Claims Act, K.S.A. 75-6101 et seq., provides that a governmental entity can be found liable for the negligent or wrongful act or omission of any employee while acting within the scope of employment if (a) a private person could be liable under the same…”
— K.S.A. § 75-6101(b) — 2 cases
Montgomery v. Saleh (2020) kan
— K.S.A. § 75-6101(c) — 1 case
Ashley Clinic v. Coates (2024) kanctapp
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