Sovereign Immunity

Question 1

Can someone sue a county for tort claim?

Answer 1

No. Counties are absolutely immune from liability in tort.

Question 2

Can someone sue the county for contract and equitable monetary claims?

Answer 2

No civil action until the claim or demand has been “presented” to the governing body for allowance.

If they refuse or neglect to act - you may bring suit

Question 3

What is the time period for suit after presentment of claim?

Answer 3

Notice of Appeal to circuit court within 30 days of notice of disallowance

Notice of appeal filed with county clerk

Complaint filed in circuit court within 6 months

Question 4

What if claimant does not allege that claim has been presented to the locality in a suit?

Answer 4

The complaint becomes demurrable.

Question 5

Cities and towns have sovereign immunity when…

Answer 5

Acting within public or government capacity

Question 6

What are some examples of sovereign immunity from torts for cities and towns?

Answer 6

Police
Fire
Publix Ed
Garbage removal
Emergency response
Hospitals/nursing homes
Operation of jails
Design and layout of roads
Traffic light maintenance

Question 7

What is a proprietary function of cities and towns?

Answer 7

Promote comfort, safety, happiness (or maintenance)

No sovereign immunity for this

Question 8

If an act is political discretionary or legislative it is…

Answer 8

Governmental

Question 9

If a function has both governmental and proprietary aspects, which prevails?

Answer 9

Governmental (so it’s immune)

Question 10

Can officers and employees of a city or town be sued?

Answer 10

Yes, even if the locality is immune. Must determine if employee is ALSO immune.

Question 11

What is the two step process to determine immunity of city or town employees?

Answer 11

Is the locality immune? (If not, employees can never be immune either)

Should the employee share in that immunity?

Question 12

Who shares in automatic sovereign immunity? Which members of government?

Answer 12

Governors, mayors, legislators, judges, heads of major departments - automatically immune

Question 13

Do lower level employees receive immunity?

Answer 13

Depends on the function they’re performing and whether the state has an interest in providing immunity

Question 14

What is the four factor test for employee immunity?

Answer 14

Nature of the function
Does gov care how the job gets done?
Degree of control and direction of entity over the employee?
Did employee have to exercise judgment and discretion? (If a lot, likely immune)

Question 15

What is the standard for liability at recreational facilities operated by the locality?

Answer 15

Gross and wanton negligence

Question 16

Are school boards, administrators, teachers, and bus drivers immune?

Answer 16

Generally yes

Question 17

What about if the school is insured and there is a school bus accident?

Answer 17

They have NO immunity up to the maximum amount of coverage.

Question 18

Can police, fire, or ambulance drivers be held liable?

Answer 18

NOT in an emergency.

Question 19

Can employees and localities be sued for gross negligence and intentional torts?

Answer 19

Employee is not immune from suit for gross negligence and intentional torts

Cannot sue a locality directly for torts of employees.

Question 20

Can locality’s insurance help pay damages for intentional tort or gross negligence of employee?

Answer 20

Yes.

Question 21

Can localities initiate suit for tort or contract claims?

Answer 21

Yes but statute of limitations can apply

Question 22

Can you raise equitable defenses like estoppel against locality?

Answer 22

No.

Question 23

What is the notice requirement for tort claims against a locality?

Answer 23

Injured party must give:

Notice of time, place, and nature of accident to a city official within 6 months of the incident