NRS
41.031 Waiver applies to State and its political subdivisions; naming
State as defendant; service of process; State does not waive immunity conferred
by Eleventh Amendment.
1. The State of Nevada hereby waives its
immunity from liability and action and hereby consents to have its liability
determined in accordance with the same rules of law as are applied to civil
actions against natural persons and corporations, except as otherwise provided
in NRS 41.032 to 41.038, inclusive, 485.318, subsection 3 and any statute which
expressly provides for governmental immunity, if the claimant complies with the
limitations of NRS 41.010 or the
limitations of NRS 41.032 to 41.036, inclusive. The State of Nevada
further waives the immunity from liability and action of all political
subdivisions of the State, and their liability must be determined in the same
manner, except as otherwise provided in NRS
41.032 to 41.038, inclusive,
subsection 3 and any statute which expressly provides for governmental immunity,
if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive.
2. An action may be brought under this
section against the State of Nevada or any political subdivision of the State.
In any action against the State of Nevada, the action must be brought in the
name of the State of Nevada on relation of the particular department,
commission, board or other agency of the State whose actions are the basis for
the suit. An action against the State of Nevada must be filed in the county
where the cause or some part thereof arose or in Carson City. In an action
against the State of Nevada, the summons and a copy of the complaint must be
served upon:
(a) The Attorney General, or a person designated
by the Attorney General, at the Office of the Attorney General in Carson City;
and
(b) The person serving in the office of
administrative head of the named agency.
3. The State of Nevada does not waive its
immunity from suit conferred by Amendment XI of the Constitution of the United
States.
(Added to NRS by 1965,
1413; A 1975,
209, 421;
1977,
275; 1979,
628; 1987,
95; 1989,
695; 1991,
142; 1993,
148, 824,
1501,
2489,
2491,
2492;
1995,
583, 639;
1997,
473; 2003,
329; 2025,
752)
Conditions and Limitations on Actions
Notes of Decisions
Cited in
269
cases (
108 in the last 5 years), 1966–2025 · leading case:
Craig v. Donnelly
Craig v. Donnelly (2019)
nevapp · cites it 28×
“PER CURIAM: *414 In this appeal, we consider whether a plaintiff must comply with the jurisdictional naming requirement set forth in NRS 41.031 and NRS 41.0337 in order to properly proceed with civil rights claims brought pursuant to 42 U.”
ECHEVERRIA (NATHAN) VS. STATE (NRAP 5) (2021)
nev · cites it 23×
“§§ 206-207, whether in enacting NRS § 41.031 or otherwise? 4The employees appendix to their reply brief includes a copy of a motion that they filed in the district court on May 27, 2021—after the State filed its answering brief in this court—seeking to reassert their dismissed…”
Martinez v. Maruszczak (2007)
nev · cites it 6×
“032(2) provides complete immunity from claims based on a state employee’s exercise or performance of a discretionary function or duty: [N]o action may be brought under NRS 41.031 . . . which is: 2. Based upon the exercise or performance or the failure to exercise or perform a…”
Turner v. Staggs (1973)
nev · cites it 14×
“[3] See also, NRS 41.031 and NRS 41.036. On August 25, 1971, the complaint against Jack Staggs was dismissed pursuant to NRCP 41(b).”
Glover-Armont v. Cargile (2018)
nevapp · cites it 16×
“2 In addressing these arguments, we first consider the applicability of Nevada's *51 discretionary-act immunity doctrine to a police officer acting pursuant to NRS 484B.700 's exemptions, and thereafter determine the scope of NRS 484B.”
Butler Ex Rel. Biller v. Bayer (2007)
nev · cites it 3×
“NRS 41.031 contains Nevada’s general waiver of sovereign immunity from suits arising from acts of negligence committed by state employees.”
Donald Walden, Jr. v. State of Nevada (2019)
ca9 · cites it 3×
“” In that order, the district court noted that although the FLSA confers subject-matter jurisdiction in federal court, the district court might be “barred from adjudicating the FLSA claims and this case should be remanded” because “[u]nder Nev. Rev. Stat. § 41.031 (3), the state…”
Falline v. GNLV CORP. (1991)
nev · cites it 4×
“0233 no action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the state or any of its agencies or political subdivisions which is: 1.”
State v. Silva (1970)
nev · cites it 7×
“The main issue is immunity from suit and the extent to which the State waived immunity by the enactment of NRS 41.031 et seq. Several subordinate questions must be resolved if we rule that the State does not enjoy immunity in the circumstances disclosed.”
Wayment v. Holmes (1996)
nev · cites it 4×
“The State of Nevada has not waived immunity on behalf of its departments of political subdivisions, and the Washoe County District Attorney's office has not been conferred the power to sue and be sued.”
— Nev. Rev. Stat. § 41.031(1) — 30 cases
ECHEVERRIA (NATHAN) VS. STATE (NRAP 5) (2021)
nev
“§§ 206-207, whether in enacting NRS § 41.031 or otherwise? 4The employees appendix to their reply brief includes a copy of a motion that they filed in the district court on May 27, 2021—after the State filed its answering brief in this court—seeking to reassert their dismissed…”
Glover-Armont v. Cargile (2018)
nevapp
“2 In addressing these arguments, we first consider the applicability of Nevada's *51 discretionary-act immunity doctrine to a police officer acting pursuant to NRS 484B.700 's exemptions, and thereafter determine the scope of NRS 484B.”
Martinez v. Maruszczak (2007)
nev
“032(2) provides complete immunity from claims based on a state employee’s exercise or performance of a discretionary function or duty: [N]o action may be brought under NRS 41.031 . . . which is: 2. Based upon the exercise or performance or the failure to exercise or perform a…”
Butler Ex Rel. Biller v. Bayer (2007)
nev
“NRS 41.031 contains Nevada’s general waiver of sovereign immunity from suits arising from acts of negligence committed by state employees.”
— Nev. Rev. Stat. § 41.031(2) — 42 cases
Glover-Armont v. Cargile (2018)
nevapp
“2 In addressing these arguments, we first consider the applicability of Nevada's *51 discretionary-act immunity doctrine to a police officer acting pursuant to NRS 484B.700 's exemptions, and thereafter determine the scope of NRS 484B.”
State v. Silva (1970)
nev
“The main issue is immunity from suit and the extent to which the State waived immunity by the enactment of NRS 41.031 et seq. Several subordinate questions must be resolved if we rule that the State does not enjoy immunity in the circumstances disclosed.”
— Nev. Rev. Stat. § 41.031(2)(a) — 2 cases
— Nev. Rev. Stat. § 41.031(2)(b) — 1 case
— Nev. Rev. Stat. § 41.031(3) — 58 cases
ECHEVERRIA (NATHAN) VS. STATE (NRAP 5) (2021)
nev
“§§ 206-207, whether in enacting NRS § 41.031 or otherwise? 4The employees appendix to their reply brief includes a copy of a motion that they filed in the district court on May 27, 2021—after the State filed its answering brief in this court—seeking to reassert their dismissed…”
— Nev. Rev. Stat. § 41.031(4) — 1 case
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