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Wyoming Statutes

Wyo. Stat. § 1-39-104 (2026)

Granting immunity from tort liability; liability

✓ current as of May 2026
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on contracts; exceptions.

     (a) A governmental entity and its public employees while
acting within the scope of duties are granted immunity from
liability for any tort except as provided by W.S. 1-39-105
through 1-39-112 and 1-39-122 through 1-39-124. Any immunity in
actions based on a contract entered into by a governmental
entity is waived except to the extent provided by the contract
if the contract was within the powers granted to the entity and
was properly executed and except as provided in W.S. 1-39-
120(b). The claims procedures of W.S. 1-39-113 apply to
contractual claims against governmental entities.

     (b) When liability is alleged against any public employee,
if the governmental entity determines he was acting within the
scope of his duty, whether or not alleged to have been committed
maliciously or fraudulently, the governmental entity shall
provide a defense at its expense.

     (c) A governmental entity shall assume and pay a judgment
entered under this act against any of its public employees,
provided:

          (i) The act or omission upon which the claim is based
has been determined by a court or jury to be within the public
employee's scope of duties;

          (ii) The payment for the judgment shall not exceed
the limits provided by W.S. 1-39-118; and

          (iii) All appropriate appeals from the judgment have
been exhausted or the time has expired when appeals may be
taken.

     (d) A governmental entity shall assume and pay settlements
of claims under this act against its public employees in
accordance with W.S. 1-39-115, 1-41-106 or 1-42-204.
Notes of Decisions
Cited in 72 cases (9 in the last 5 years), 1980–2026 · leading case: Hamlin v. Transcon Lines, 697 P.2d 606 (Wyo. 1985).
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Hamlin v. Transcon Lines, 697 P.2d 606 (Wyo. 1985). · cites it 50× “[6] The first sentence of subsection (a) of § 1-39-104 provides: "A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.”
Hamlin v. Transcon Lines, 701 P.2d 1139 (Wyo. 1985). · cites it 25× “The State directs our attention to § 1-39-104(a), which provides in part: "(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.”
State v. Stovall, 648 P.2d 543 (Wyo. 1982). · cites it 8× “Section 1-39-103(a)(i) defines governmental entity as the State, University of Wyoming, or any local government. Section 1-39-103(a)(ii) defines local government as including cities, towns, counties and all political subdivisions of the State, among other things.”
Pickle v. Bd. of Cnty. Commissioners, 764 P.2d 262 (Wyo. 1988). · cites it 8× “W.S. 1-39-104. We conclude that for pleading purposes under Rule 8(c), W.”
Matthews v. Wyoming Dep't of Agric., 719 P.2d 216 (Wyo. 1986). · cites it 9× “The motion was limited to the action for damages and relied upon § 1-39-104(a), W.S. 1977, Cum.Supp. 1985, which states in part: "A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as…”
Whitham v. Feller, 415 P.3d 1264 (Wyo. 2018). · cites it 5× “" The definition of "governmental entity" includes "local government," and the definition of "local government" includes "school districts.”
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 5× “Wyo. Stat. Ann. § 1-39-104 (b)-(c). The concern with the effect of potential personal liability on an employee’s willingness to act is therefore not the same as that under a section 1983 claim, against which qualified immunity is intended to protect.”
City of Cheyenne v. Huitt, 844 P.2d 1102 (Wyo. 1993). · cites it 12× “Respondents contend the City did not enjoy immunity under Wyo.Stat. § 1-39-104 (1988) because that immunity was exempted by Wyo.”
State v. Dieringer, 708 P.2d 1 (Wyo. 1985). · cites it 7× “He relies upon § 1-39-104, W.S. 1977 (1985 *6 Cum.Supp.), which provides in pertinent part as follows: "(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.”
McMackin v. Johnson Cnty. Healthcare Ctr., 2004 WY 44 (Wyo. 2004). · cites it 4× “Wyo. Stat. Ann. § 1-39-104 (LexisNexis 2003).”
Darrar v. Bourke, 910 P.2d 572 (Wyo. 1996). · cites it 7× “However, we do note that this is an important, preliminary issue which must be addressed when determining whether the officers are entitled to qualified immunity and when determining whether the governmental entity must defend and indemnify the officers pursuant to Wyo.Stat. §…”
Natrona Cnty. v. Blake, 2003 WY 170 (Wyo. 2003). · cites it 4× “Although the WGCA was intended to abrogate governmental immunity in significant part, the statutes begin with the proposition that entities of government are granted immunity from liability, except as further provided *953 by the statutes, such as Wyo. Stat. Ann. § 1-39-104…”
Show all 72 citing cases →
— Wyo. Stat. § 1-39-104(a) — 25 cases
Matthews v. Wyoming Dep't of Agric., 719 P.2d 216 (Wyo. 1986). “The motion was limited to the action for damages and relied upon § 1-39-104(a), W.S. 1977, Cum.Supp. 1985, which states in part: "A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as…”
Whitham v. Feller, 415 P.3d 1264 (Wyo. 2018). “" The definition of "governmental entity" includes "local government," and the definition of "local government" includes "school districts.”
State v. Stovall, 648 P.2d 543 (Wyo. 1982). “Section 1-39-103(a)(i) defines governmental entity as the State, University of Wyoming, or any local government. Section 1-39-103(a)(ii) defines local government as including cities, towns, counties and all political subdivisions of the State, among other things.”
Hamlin v. Transcon Lines, 701 P.2d 1139 (Wyo. 1985). “The State directs our attention to § 1-39-104(a), which provides in part: "(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.”
Brasel & Sims Constr. Co. v. State High. Comm'n of Wyoming, 655 P.2d 265 (Wyo. 1982).
— Wyo. Stat. § 1-39-104(b) — 4 cases
Hamlin v. Transcon Lines, 697 P.2d 606 (Wyo. 1985). “[6] The first sentence of subsection (a) of § 1-39-104 provides: "A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.”
Hamlin v. Transcon Lines, 701 P.2d 1139 (Wyo. 1985). “The State directs our attention to § 1-39-104(a), which provides in part: "(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.”
Darrar v. Bourke, 910 P.2d 572 (Wyo. 1996). “However, we do note that this is an important, preliminary issue which must be addressed when determining whether the officers are entitled to qualified immunity and when determining whether the governmental entity must defend and indemnify the officers pursuant to Wyo.Stat. §…”
State v. Dieringer, 708 P.2d 1 (Wyo. 1985). “He relies upon § 1-39-104, W.S. 1977 (1985 *6 Cum.Supp.), which provides in pertinent part as follows: "(a) A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.”
— Wyo. Stat. § 1-39-104(c) — 1 case
Mem'l Hosp. of Converse Cnty. - Advanced Med., Hometown Care & Jonathan L. Grosdidier, M.D. F.A.C.S. v. Lan (Wyo. 2026).
— Wyo. Stat. § 1-39-104(c)(ii) — 1 case
Mem'l Hosp. of Converse Cnty. - Advanced Med., Hometown Care & Jonathan L. Grosdidier, M.D. F.A.C.S. v. Lan (Wyo. 2026).
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