Thomas v. COUNTY COM'RS OF SHAWNEE COUNTY

How courts have described this case

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

• holding defendants abandoned argument for application of personnel policy exception under the KTCA that was raised but not supported by pertinent authority; noting government bears the burden to establish KTCA exception
• when considering summary judgment motion, district judge must consider evidence in light most favorable to nonmoving party
• discretionary function exception under K.S.A. 2010 Supp. 75-6104[e] does not apply when plaintiff alleges government defendant negligently performed a ministerial act
• discretionary function immunity covers choice among options all of which conform to general duty of care
• because private person could be liable for negligence, court was required to examine whether exceptions to governmental liability applied
• discretionary function immunity does not shield choice among 17 available options that violates legal duty

Source: CourtListener parenthetical corpus (CC0).