Notwithstanding KRS 65.2001, a local government shall not be liable for injuries or
losses resulting from:
(1) Any claim by an employee of the local government which is covered by the
Kentucky workers' compensation law;
(2) Any claim in connection with the assessment or collection of taxes;
(3) Any claim arising from the exercise of judicial, quasi-judicial, legislative or quasi-
legislative authority or others, exercise of judgment or discretion vested in the local
government, which shall include by example, but not be limited to:
(a) The adoption or failure to adopt any ordinance, resolution, order, regulation,
or rule;
(b) The failure to enforce any law;
(c) The issuance, denial, suspension, revocation of, or failure or refusal to issue,
deny, suspend or revoke any permit, license, certificate, approval, order or
similar authorization;
(d) The exercise of discretion when in the face of competing demands, the local
government determines whether and how to utilize or apply existing
resources; or
(e) Failure to make an inspection.
Nothing contained in this subsection shall be construed to exempt a local
government from liability for negligence arising out of acts or omissions of its
employees in carrying out their ministerial duties.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 224, sec. 18, effective July 15, 1988.
Notes of Decisions
Ashby v. City of Louisville, 841 S.W.2d 184 (Ky. Ct. App. 1992).
· cites it 9× “This judicially-recognized exception to the rule of municipal tort liability was recently codified in KRS 65.2003. This statute, enacted in 1988, states in pertinent part as follows: Notwithstanding KRS 65.”
Schwindel v. Meade Cnty., 113 S.W.3d 159 (Ky. 2003).
· cites it 4× “Appellants further assert that certain provisions in KRS 65.2003, KRS 65.2004, and KRS 65.2005 expressly or impliedly waive a county’s immunity from vicarious liability.”
Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001).
“KRS 65.2003(3) has no application here since a board of education is not a "local government” as defined in KRS 65.”
Siding Sales, Inc. v. Warren Cnty. Water Dist., 984 S.W.2d 490 (Ky. Ct. App. 1998).
· cites it 7× “Specifically, as concerns appellants’ claims of negligence, the trial court found the City to be exempt from liability under the municipal immunity provisions of KRS 65.2003. It appears the court based its sum *492 mary judgment in favor of the Water District upon the same…”
Godman v. City of Fort Wright, 234 S.W.3d 362 (Ky. Ct. App. 2007).
· cites it 3× “The trial court granted partial summary judgment, citing KRS 65.2003 and Yanero v. Davis, 65 S.W.3d 510 (Ky.”
Pile v. City of Brandenburg, 215 S.W.3d 36 (Ky. 2007).
· cites it 2× “See KRS 65.2003(3). The negligent operation of an emergency vehicle by a police officer which violates existing police procedures or regulations or statutory traffic regulations is certainly actionable and outside the scope of the common law doctrine of "special relationship"…”
Maryann Bullock v. City of Covington, 698 F. App'x 305 (6th Cir. 2017).
“]” Ky. Rev. Stat. § 65.2003(3). The district court held—and Bullock does not dispute here—that the City exercised legislative authority when it decided which roads to pave.”
City of Frankfort v. Byrns, 817 S.W.2d 462 (Ky. Ct. App. 1991).
· cites it 3× “2001(2); KRS 65.2003; and (2) allowing the appellees’ expert to introduce evidence on rebuttal.”
New Albany Main Street Props. v. Watco Co., LLC, 75 F.4th 615 (6th Cir. 2023).
“But others have read the Act—in particular, its text noting that a government shall not be “liable” except as the Act specifies, Ky. Rev. Stat. § 65.2003—to grant only a defense against a damages claim.”
Greenway Enter., Inc. v. City of Frankfort, 148 S.W.3d 298 (Ky. Ct. App. 2004).
· cites it 3× “The trial court held that KRS 65.2003 protected the City and City Manager Thompson in his official capacity against liability for the refusal to issue, or the revoking of, any permit, as this would be a discretionary act and the statute created immunity absent bad faith.”
Steffan v. Smyzer, 540 S.W.3d 387 (Ky. Ct. App. 2018).
“KRS 65.2003 (emphasis added). As a statutory defense to liability only, its denial can be vindicated following a final judgment as with any other liability defense.”
— Ky. Rev. Stat. § 65.2003(1) — 2 cases
— Ky. Rev. Stat. § 65.2003(3) — 15 cases
Ashby v. City of Louisville, 841 S.W.2d 184 (Ky. Ct. App. 1992).
“This judicially-recognized exception to the rule of municipal tort liability was recently codified in KRS 65.2003. This statute, enacted in 1988, states in pertinent part as follows: Notwithstanding KRS 65.”
Yanero v. Davis, 65 S.W.3d 510 (Ky. 2001).
“KRS 65.2003(3) has no application here since a board of education is not a "local government” as defined in KRS 65.”
Maryann Bullock v. City of Covington, 698 F. App'x 305 (6th Cir. 2017).
“]” Ky. Rev. Stat. § 65.2003(3). The district court held—and Bullock does not dispute here—that the City exercised legislative authority when it decided which roads to pave.”
Pile v. City of Brandenburg, 215 S.W.3d 36 (Ky. 2007).
“See KRS 65.2003(3). The negligent operation of an emergency vehicle by a police officer which violates existing police procedures or regulations or statutory traffic regulations is certainly actionable and outside the scope of the common law doctrine of "special relationship"…”
Siding Sales, Inc. v. Warren Cnty. Water Dist., 984 S.W.2d 490 (Ky. Ct. App. 1998).
“Specifically, as concerns appellants’ claims of negligence, the trial court found the City to be exempt from liability under the municipal immunity provisions of KRS 65.2003. It appears the court based its sum *492 mary judgment in favor of the Water District upon the same…”
— Ky. Rev. Stat. § 65.2003(3)(a) — 7 cases
— Ky. Rev. Stat. § 65.2003(3)(b) — 3 cases
Siding Sales, Inc. v. Warren Cnty. Water Dist., 984 S.W.2d 490 (Ky. Ct. App. 1998).
“Specifically, as concerns appellants’ claims of negligence, the trial court found the City to be exempt from liability under the municipal immunity provisions of KRS 65.2003. It appears the court based its sum *492 mary judgment in favor of the Water District upon the same…”
— Ky. Rev. Stat. § 65.2003(3)(c) — 3 cases
Godman v. City of Fort Wright, 234 S.W.3d 362 (Ky. Ct. App. 2007).
“The trial court granted partial summary judgment, citing KRS 65.2003 and Yanero v. Davis, 65 S.W.3d 510 (Ky.”
Siding Sales, Inc. v. Warren Cnty. Water Dist., 984 S.W.2d 490 (Ky. Ct. App. 1998).
“Specifically, as concerns appellants’ claims of negligence, the trial court found the City to be exempt from liability under the municipal immunity provisions of KRS 65.2003. It appears the court based its sum *492 mary judgment in favor of the Water District upon the same…”
Greenway Enter., Inc. v. City of Frankfort, 148 S.W.3d 298 (Ky. Ct. App. 2004).
“The trial court held that KRS 65.2003 protected the City and City Manager Thompson in his official capacity against liability for the refusal to issue, or the revoking of, any permit, as this would be a discretionary act and the statute created immunity absent bad faith.”
— Ky. Rev. Stat. § 65.2003(3)(d) — 8 cases
Siding Sales, Inc. v. Warren Cnty. Water Dist., 984 S.W.2d 490 (Ky. Ct. App. 1998).
“Specifically, as concerns appellants’ claims of negligence, the trial court found the City to be exempt from liability under the municipal immunity provisions of KRS 65.2003. It appears the court based its sum *492 mary judgment in favor of the Water District upon the same…”
— Ky. Rev. Stat. § 65.2003(3)(e) — 3 cases
Siding Sales, Inc. v. Warren Cnty. Water Dist., 984 S.W.2d 490 (Ky. Ct. App. 1998).
“Specifically, as concerns appellants’ claims of negligence, the trial court found the City to be exempt from liability under the municipal immunity provisions of KRS 65.2003. It appears the court based its sum *492 mary judgment in favor of the Water District upon the same…”
— Ky. Rev. Stat. § 65.2003(8) — 1 case
Pile v. City of Brandenburg, 215 S.W.3d 36 (Ky. 2007).
“See KRS 65.2003(3). The negligent operation of an emergency vehicle by a police officer which violates existing police procedures or regulations or statutory traffic regulations is certainly actionable and outside the scope of the common law doctrine of "special relationship"…”
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