Kaisner v. Kolb

How courts have described this case

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

• observing that any individual placed in custody or otherwise detained by law enforcement officers is owed a common law duty of care
• finding that an officer who detains a motorist on the side of the highway owes that individual a duty to lessen the risk associated with standing in close proximity to speeding vehicles
• finding that the doctrine of separation of powers necessitates the recognition of a sphere of governmental activity that is immune from suit and that tort liability does not apply when the act of a government or its agent is discretionary
• reaffirming “that governmental immunity derives entirely from the doctrine of separation of powers”
• denying immunity from claims arising out of a police officer's negligence by failing to use proper procedure in a traffic stop because officer's decision of where the driver should stand was not essential to the realization of any policy
• subsequent legislatures, in the guise of \clarification\ cannot nullify retroactively what a prior legislature clearly intended

Source: CourtListener parenthetical corpus (CC0).