Henderson v. Bowden

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that even “[a]ssuming a duty is owed, we must then determine whether sovereign immunity bars an action for an alleged breach of that duty”
• “Assuming a duty is owed, we must then determine whether sovereign immunity bars an action for an alleged breach of that duty.”
• holding there was a duty of care arising from a police officer’s act of instructing an intoxicated man to drive to a convenience store and call for a ride home where the driver continued on and subsequently collided with a tree killing two passengers in the vehicle
• “Having concluded that the deputies, owed the plaintiffs’ decedents a duty of care separate from the general duty owed to the public as a whole, we must now decide whether the deputies’ actions are, nevertheless, protected by sovereign immunity.”
• using McCain to find a duty on the part of sheriff's deputies to passengers of a vehicle stopped because the driver was under the influence of alcohol when the deputies allowed a drunk passenger to drive the car to a nearby gas station to call his parents
• “A threshold matter is whether the [defendant] had a duty to act with care toward the decedents . . . .”

Source: CourtListener parenthetical corpus (CC0).