· 1/15/1871
Burdick v. Rhodes
Citations
- 3 Haw. 250
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the “party seeking immunity bears the burden of demonstrating that its conduct is within the protection afforded by [an immunity statute]”
- applying immunity when a government entity was allegedly negligent for failing to pursue delinquency charges
- collecting cases interpreting the foregoing portion of the Indiana Tort Claims Act
- noting that immunity assumes negligence
- \The negligence of a defendant is not relevant if it is immune. Immunity assumes negligence but denies liability.\
- “Under Indiana common law, with very limited exception, governmental entities are thus subject to liability under traditional tort theories.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Allen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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