governmental immunity


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Related to governmental immunity: Immunity from Suit

governmental immunity

n. the doctrine from English Common Law that no governmental body can be sued unless it gives permission. This protection resulted in terrible injustices, since public hospitals, government drivers and other employees could be negligent with impunity (free) from judgment. The Federal Tort Claims Act and state waivers of immunity (with specific claims systems) have negated this rule, which stemmed from the days when kings set prerogatives. (See: immunity, Federal Tort Claims Act)

References in periodicals archive ?
For a time governmental immunity fell into disfavor in the United States.
28 [Florida Statutes (1975), waiving governmental immunity in tort].
with the current disfavor of the doctrine of governmental immunity from
City of Detroit, (91) the court held that governmental immunity was a "characteristic of government," rather than an affirmative defense, thus requiring the plaintiff to plead in avoidance of governmental immunity in their prima facie case.
It is undisputed that such hospital boards and their employees can possess the protections provided by sovereign or governmental immunity.
But the FOIA doesn't contain any explicit provisions to that effect, and the plaintiff "pointed to no statutory provision expressly abrogating governmental immunity from claims arising under the FOIA," Sullivan wrote.
The companies that qualify as a certified technology will still have to purchase liability insurance, Biagini said, because governmental immunity is not an absolute defense.
This article will examine the reasons governmental immunity law in Florida has become so confused and will compare and contrast Florida law to that in the jurisdictions from which Florida derived its implied discretionary-function immunity and to federal law construing the Federal Tort Claims Act (FTCA), the model for the Florida waiver of immunity statute.
Payment under duress entitles the students to a refund, it said, and the district is not shielded by governmental immunity.
The District Court, El Paso County, denied the defendant's motion to dismiss on the basis of governmental immunity and granted the Respondeat Superior claim against the defendant Department of Health.
56) In so holding, the Court broadened governmental immunity and barred contractors from seeking indemnity from the military when the contractor was forced to pay for injuries sustained by a serviceman.
Here she uses case studies to examine students' rights relating to speech, religious expression, censorship, privacy, and school safety, then looks closely at aspects of school governance, including standards and assessment, curriculum, governmental immunity, and equality.

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