Martinez v. Maruszczak

How courts have described this case

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

• noting that \discretionary-function immunity under NRS 41.032(2) . . . mirrors the Federal Torts Claims Act\ and should be analyzed in the same way
• indicating that, under NRS 41.032(2), discretionary-act immunity is \immunity from suit\
• adopting the Berkouitz-Gaubert test that the United States Supreme Court established for federal discretionary-act immunity
• adopting the federal 3 discretionary standard enunciated in Berkovitz v. United States, 486 U.S. 531, 536-37 (1988)
• creating two-prong test to 27 determine whether a state actor’s decisions are entitled to discretionary-act immunity 1 under NRS § 41.032(2)
• “[D]ecisions made in the course of operating the 15 project or endeavor were deemed non-discretionary and, thus, not immune under the 16 discretionary-function exception, as those decisions [are] viewed as merely operational.”

Source: CourtListener parenthetical corpus (CC0).