· 4/1/1994
Carlisle Equipment Co. v. United States Secretary of Labor & Occupational Safety & Health Review Commission
Citations
- 24 F.3d 790
- 1994 CCH OSHD 30,424
- 16 OSHC (BNA) 1681
- 1994 U.S. App. LEXIS 6513
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- city was not immune from liability for street department workers’ alleged negligence in following procedures during a power outage
- city was not immune from liability -14- No. 1-14-0392 for street department workers’ alleged negligence in following procedures during a power outage
- failure to properly hook up city sewer bypass pump was ministerial; noting that every act has some discretion in the manner of its performance
- no discretionary immunity for the municipality’s delay in hooking up a bypass pump, because the operation of a sewage system was subject to statutory and regulatory guidelines
- the classification of acts as either discretionary or ministerial escapes any precise formulation and must be made on a case-by-case basis in light of the particular facts and circumstances presented
- in order to be entitled to immunity under section 2-201, the public entity must show that its act was both an exercise of discretion and a policy determination, as opposed to ministerial
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones, Mekeague, Suhrheinrich
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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