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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.