Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 39 - GOVERNMENTAL CLAIMS / Article 4 - SPECIFIC PERFORMANCE; ACTIONS FOR
Wyoming Statutes

Wyo. Stat. § 1-39-102 (2026)

Purpose.

✓ current as of May 2026
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(a) The Wyoming legislature recognizes the inherently
unfair and inequitable results which occur in the strict
application of the doctrine of governmental immunity and is
cognizant of the Wyoming Supreme Court decision of Oroz v. Board
of County Commissioners 575 P. 2d 1155 (1978). It is further
recognized that the state and its political subdivisions as
trustees of public revenues are constituted to serve the
inhabitants of the state of Wyoming and furnish certain services
not available through private parties and, in the case of the
state, state revenues may only be expended upon legislative
appropriation. This act is adopted by the legislature to balance
the respective equities between persons injured by governmental
actions and the taxpayers of the state of Wyoming whose revenues
are utilized by governmental entities on behalf of those
taxpayers. This act is intended to retain any common law
defenses which a defendant may have by virtue of decisions from
this or other jurisdictions.

     (b) In the case of the state, this act abolishes all
judicially created categories such as "governmental" or
"proprietary" functions and "discretionary" or "ministerial"
acts previously used by the courts to determine immunity or
liability. This act does not impose nor allow the imposition of
strict liability for acts of governmental entities or public
employees.
Notes of Decisions
Cited in 33 cases (4 in the last 5 years), 1982–2026 · leading case: Natrona Cnty. v. Blake, 2003 WY 170 (Wyo. 2003).
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Natrona Cnty. v. Blake, 2003 WY 170 (Wyo. 2003). · cites it 23× “DISCUSSION [¶ 10] Pertinent to this appeal, Blake's wrongful death claim was brought under the Wyoming Governmental Claims Act (WGCA), Wyo. Stat. Ann. § 1-39-112 ("... tortious conduct of peace officers acting within the scope of their duties.”
Hamlin v. Transcon Lines, 697 P.2d 606 (Wyo. 1985). · cites it 7× “The proclaimed purpose of the Wyoming Governmental Claims Act was, through its indemnity and hold-harmless provisions (§ 1-39-104(a)), to furnish relief in various restricted situations to those members of the public who are injured or killed by government employees (see §…”
DeWald v. State, 719 P.2d 643 (Wyo. 1986). · cites it 3× “In this case, therefore, the officers were not immune unless there was a common law immunity preserved by § 1-39-102(a), W.S. 1977, Cum.Supp. 1985, which provides in part: "This act is intended to retain any common law defenses which a defendant may have by virtue of decisions…”
State v. Stovall, 648 P.2d 543 (Wyo. 1982). · cites it 4× “2d 1155 (1978) in the purpose clause of the Act, § 1-39-102, W.S. 1977, Cum.Supp. 1981. That reference and the notation in the clause to the trustee nature of public revenues could well indicate an intention to restrict the result of Oroz to a more historical "application of the…”
Kimbley v. City of Green River, 663 P.2d 871 (Wyo. 1983). · cites it 4× “” Section 1-39-102, W.S'. 1977. Governmental immunity was retained except to the extent expressly provided by the act.”
White v. State, 784 P.2d 1313 (Wyo. 1989). · cites it 4× “The concerns which the legislature attempted to balance through that act are best expressed in W.S. 1-39-102, which states in part: "The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of…”
Rawlinson v. Cheyenne Bd. of Pub. Utils., 2001 WY 6 (Wyo. 2001). · cites it 4× “[4] Wyo.Stat.Ann. § 1-39-102(a)(LEXIS 1999).”
Wyoming State Hosp. & State of Wyoming v. Mary Romine & Donald Romine, as Guardians & Conservators for & On Behalf of Justina Case, Their Ward, 2021 WY 47 (Wyo. 2021). · cites it 3× “[¶13] The Wyoming Legislature stated its intent in enacting the Claims Act in § 1-39-102. That provision states in relevant part: (a) The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of…”
Merrill v. Jansma, 86 P.3d 270 (Wyo. 2004). · cites it 2× “Jansma cites Wyo. Stat. Ann. § 1-39-102 (b) of the Wyoming Governmental Claims Act (abolishing judicially created categories for determining governmental immunity or liability), Wyo.”
State Dep't of Corr. v. Watts, 2008 WY 19 (Wyo. 2008). · cites it 2× “In that case, we stated that § 1-1-101 must be tempered by the plain statement of purpose of the WGCA in Wyo. Stat. Ann. § 1-39-102 : *798 (a) The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine…”
McMackin v. Johnson Cnty. Healthcare Ctr., 2004 WY 44 (Wyo. 2004). · cites it 2× “The applicable portions of the Act are set out below: § 1-39-102. Purpose. (a) The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of governmental immunity and is cognizant of the Wyoming Supreme…”
Whitham v. Feller, 415 P.3d 1264 (Wyo. 2018). · cites it 2× “When it adopted the WGCA, the Wyoming Legislature balanced the equities between the "inherently unfair and inequitable results which occur in the strict application of the doctrine of governmental immunity" and the need to provide governmental services while protecting the…”
Show all 33 citing cases →
— Wyo. Stat. § 1-39-102(a) — 15 cases
Natrona Cnty. v. Blake, 2003 WY 170 (Wyo. 2003). “DISCUSSION [¶ 10] Pertinent to this appeal, Blake's wrongful death claim was brought under the Wyoming Governmental Claims Act (WGCA), Wyo. Stat. Ann. § 1-39-112 ("... tortious conduct of peace officers acting within the scope of their duties.”
Hamlin v. Transcon Lines, 697 P.2d 606 (Wyo. 1985). “The proclaimed purpose of the Wyoming Governmental Claims Act was, through its indemnity and hold-harmless provisions (§ 1-39-104(a)), to furnish relief in various restricted situations to those members of the public who are injured or killed by government employees (see §…”
DeWald v. State, 719 P.2d 643 (Wyo. 1986). “In this case, therefore, the officers were not immune unless there was a common law immunity preserved by § 1-39-102(a), W.S. 1977, Cum.Supp. 1985, which provides in part: "This act is intended to retain any common law defenses which a defendant may have by virtue of decisions…”
Rawlinson v. Cheyenne Bd. of Pub. Utils., 2001 WY 6 (Wyo. 2001). “[4] Wyo.Stat.Ann. § 1-39-102(a)(LEXIS 1999).”
Whitham v. Feller, 415 P.3d 1264 (Wyo. 2018). “When it adopted the WGCA, the Wyoming Legislature balanced the equities between the "inherently unfair and inequitable results which occur in the strict application of the doctrine of governmental immunity" and the need to provide governmental services while protecting the…”
— Wyo. Stat. § 1-39-102(b) — 3 cases
White v. State, 784 P.2d 1313 (Wyo. 1989). “The concerns which the legislature attempted to balance through that act are best expressed in W.S. 1-39-102, which states in part: "The Wyoming legislature recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of…”
Becker v. Mason, 2006 WY 143 (Wyo. 2006).
Compass Ins. Co. v. Cravens, Dargan & Co., 748 P.2d 724 (Wyo. 1988).
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