Printable Format75-6104. Exceptions from liability; claims for damages arising from childhood sexual abuse not precluded. (a) A governmental entity or an employee acting within the scope of the employee's employment shall not be liable for damages resulting from:
(1) Legislative functions, including, but not limited to, the adoption or failure to adopt any statute, regulation, ordinance or resolution;
(2) judicial function;
(3) enforcement of or failure to enforce a law, whether valid or invalid, including, but not limited to, any statute, rule and regulation, ordinance or resolution;
(4) adoption or enforcement of, or failure to adopt or enforce, any written personnel policy which protects persons' health or safety unless a duty of care, independent of such policy, is owed to the specific individual injured, except that the finder of fact may consider the failure to comply with any written personnel policy in determining the question of negligence;
(5) any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a governmental entity or employee, whether or not the discretion is abused and regardless of the level of discretion involved;
(6) the assessment or collection of taxes or special assessments;
(7) any claim by an employee of a governmental entity arising from the tortious conduct of another employee of the same governmental entity, if such claim is:
(A) Compensable pursuant to the Kansas workers compensation act; or
(B) not compensable pursuant to the Kansas workers compensation act because the injured employee was a firemen's relief association member who was exempt from such act pursuant to K.S.A. 44-505d, and amendments thereto, at the time the claim arose;
(8) the malfunction, destruction or unauthorized removal of any traffic or road sign, signal or warning device unless it is not corrected by the governmental entity responsible within a reasonable time after actual or constructive notice of such malfunction, destruction or removal. Nothing herein shall give rise to liability arising from the act or omission of any governmental entity in placing or removing any of the above signs, signals or warning devices when such placement or removal is the result of a discretionary act of the governmental entity;
(9) any claim which is limited or barred by any other law or which is for injuries or property damage against an officer, employee or agent where the individual is immune from suit or damages;
(10) any claim based upon emergency management activities, except that governmental entities shall be liable for claims to the extent provided in article 9 of chapter 48 of the Kansas Statutes Annotated, and amendments thereto;
(11) the failure to make an inspection, or making an inadequate or negligent inspection, of any property other than the property of the governmental entity, to determine whether the property complies with or violates any law or rule and regulation or contains a hazard to public health or safety;
(12) snow or ice conditions or other temporary or natural conditions on any public way or other public place due to weather conditions, unless the condition is affirmatively caused by the negligent act of the governmental entity;
(13) the plan or design for the construction of or an improvement to public property, either in its original construction or any improvement thereto, if the plan or design is approved in advance of the construction or improvement by the governing body of the governmental entity or some other body or employee exercising discretionary authority to give such approval and if the plan or design was prepared in conformity with the generally recognized and prevailing standards in existence at the time such plan or design was prepared;
(14) failure to provide, or the method of providing, police or fire protection;
(15) any claim for injuries resulting from the use of any public property intended or permitted to be used as a park, playground or open area for recreational purposes, unless:
(A) The governmental entity or an employee thereof is guilty of gross and wanton negligence proximately causing such injury; or
(B) an employee of the governmental entity commits childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto;
(16) the natural condition of any unimproved public property of the governmental entity;
(17) any claim for injuries resulting from the use or maintenance of a public cemetery owned and operated by a municipality or an abandoned cemetery, title to which has vested in a governmental entity pursuant to K.S.A. 17-1366 through 17-1368, and amendments thereto, unless the governmental entity or an employee thereof is guilty of gross and wanton negligence proximately causing the injury;
(18) the existence, in any condition, of a minimum maintenance road, after being properly so declared and signed as provided in K.S.A. 68-5,102, and amendments thereto;
(19) any claim for damages arising from the operation of vending machines authorized pursuant to K.S.A. 68-432 or 75-3343a, and amendments thereto;
(20) providing, distributing or selling information from geographic information systems which includes an entire formula, pattern, compilation, program, device, method, technique, process, digital database or system which electronically records, stores, reproduces and manipulates by computer geographic and factual information which has been developed internally or provided from other sources and compiled for use by a public agency, either alone or in cooperation with other public or private entities;
(21) any claim arising from providing a juvenile justice program to juvenile offenders, if such juvenile justice program has contracted with the commissioner of juvenile justice or with another nonprofit program that has contracted with the commissioner of juvenile justice. The provisions of this section do not apply to community service work within the scope of K.S.A. 60-3614, and amendments thereto, or to claims arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto;
(22) performance of, or failure to perform, any activity pursuant to K.S.A. 74-8922, and amendments thereto, including, but not limited to, issuance and enforcement of a consent decree agreement, oversight of contaminant remediation and taking title to any or all of the federal enclave described in such statute;
(23) any claim arising from the making of a donation of used or excess fire control, fire rescue, or emergency medical services equipment to a fire department, fire district, volunteer fire department, medical emergency response team or the Kansas forest service if at the time of making the donation the donor believes that the equipment is serviceable or may be made serviceable. This subsection also applies to equipment that is acquired through the federal excess personal property program established by the federal property and administrative services act of 1949, 40 U.S.C. § 483. This subsection shall apply to any breathing apparatus or any mechanical or electrical device which functions to monitor, evaluate, or restore basic life functions, only if it is recertified to the manufacturer's specifications by a technician certified by the manufacturer; or
(24) any claim arising from the acceptance of a donation of fire control, fire rescue or emergency medical services equipment, if at the time of the donation the donee reasonably believes that the equipment is serviceable or may be made serviceable and if after placing the donated equipment into service, the donee maintains the donated equipment in a safe and serviceable manner.
(b) The enumeration of exceptions to liability in this section shall not be construed to be exclusive nor as legislative intent to waive immunity from liability in the performance or failure to perform any other act or function of a discretionary nature.
(c) The exceptions to liability in subsections (a)(1) through (a)(4) shall not be construed to preclude, prohibit or otherwise limit a claim for damages arising from childhood sexual abuse as defined in K.S.A. 60-523, and amendments thereto. Failure of a governmental entity to adopt or enforce a policy, regulation or law related to childhood sexual abuse and failure to exercise reasonable discretion in the supervision of a governmental employee who commits childhood sexual abuse may be considered by the trier of fact in determining the question of a governmental entity's negligence.
History: L. 1979, ch. 186, § 4; L. 1981, ch. 358, § 2; L. 1981, ch. 357, § 1; L. 1981, ch. 359, § 1; L. 1987, ch. 353, § 3; L. 1991, ch. 209, § 3; L. 1994, ch. 248, § 30; L. 1995, ch. 56, § 1; L. 1995, ch. 260, § 10; L. 1996, ch. 131, § 1; L. 1997, ch. 156, § 92; L. 1998, ch. 142, § 20; L. 2000, ch. 99, § 1; L. 2003, ch. 107, § 2; L. 2005, ch. 139, § 3; L. 2023, ch. 28, § 4; July 1.
Law Review and Bar Journal References:
"A Practitioner's Guide to the Kansas Tort Claims Act," Jerry R. Palmer, 48 J.B.A.K. 299 (1979).
"Constitutional Law: Governmental Immunity Statute Violates Equal Protection as Applied to Kansas Turnpike Authority," Robert G. Martin, 19 W.L.J. 581 (1980).
"The Kansas Tort Claims Act and School Districts," Susan C. Jacobson, 28 K.L.R. 619, 620, 623 (1980).
"Survey of Kansas Law: Torts," William Edward Westerbeke, 33 K.L.R. 1, 66 (1984).
"Governmental Liability: A Review of Judicial Decisions Applying the Kansas Tort Claims Act," Steven Reed Sanford, 24 W.L.J. 499, 502 (1985).
"A Practitioner's Guide to Tort Reform of the '80s: What Happened and What's Left After Judicial Scrutiny," Jerry R. Palmer and Martha M. Snyder, 57 J.K.B.A. No. 9, 21, 27 (1988).
"Sunburn, Pulled Muscles and the Kansas Tort Claims Act: Three Reasons To Stay Inside And Watch TV," John T. Houston, J.K.T.L.A. Vol. XIX, No. 5, 11, 12, 13 (1996).
"The Kansas Tort Claims Act: The Evolving Parameters of Governmental Tort Liability," Terri Savely Bezek, 66 J.K.B.A. No. 8, 30 (1997).
"Flooding of Private Property by the Construction of a Public Improvement: Isn't It Time for Kansas to Call It What It Really Is—A Compensable Taking?" Nicole M. Zomberg, 38 W.L.J. 209 (1998).
"The Potential Civil Liability of Law Enforcement Officers and Agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).
"Protecting the Protectors: The Public Duty Doctrine," David C. Kresin, 67 J.K.B.A. No. 8, 22 (1998).
"Hunting Liability in Kansas: Premises Liability and the Kansas Recreational Use Statute," John G. Pike and S. Charles Neill, 38 W.L.J. 831 (1999).
"Home Field Advantage—Protecting Kansas Students Equally," Kyle J. Steadman, J.K.T.L.A. Vol. XXIV, No. 2, 4 (2000).
"Settlements and Verdicts," Robin Maxon, J.K.T.L.A. Vol. XXIV, No. 4, 15 (2001).
"Governmental Immunity: Recent Developments Concerning the Eleventh Amendment and the Kansas Tort Claims Act," Kevin J. Breer and Justin D. Pullikan, 70 J.K.B.A. No. 7, 24 (2001).
"The Recreational Use Immunity of the Kansas Tort Claims Act: An Exception or the Rule?" Will Wohlford, 52 K.L.R. 211 (2003).
"The Immunity Provisions in the Kansas Tort Claims Act: The First Twenty-Five Years," William E. Westerbeke, 52 K.L.R. 939 (2004).
"Governmental and Official Immunity for School Districts and Their Employees: Alive and Well?," Peter J. Maher, Kelly Price and Perry A. Zirkel, 19 Kan. J. L. & Pub Pol'y, No. 2, 234 (2010).
Attorney General's Opinions:
Liability of state and courts for acts of probationers. 81-98.
Tort claims act; immunity from liability; enforcement of ordinance. 81-121.
Bridges; maintenance; not considered as part of road. 81-125.
University of Kansas institutional review boards are covered by tort claims act. 81-139.
Exemptions from liability under tort claims act. 81-232.
Kansas real estate commission; publication of disciplinary actions; immunity from liability. 81-272.
Liability of governmental entities for employee acts or omissions; exceptions. 81-280.
Community service performed by person under sentence or diversion is covered by Kansas tort claims act. 82-157.
Performance of public or community service by convicted DUI violators; liability. 82-183.
Liability of city for volunteer reserve police officers. 82-215.
UCC; immunity of public officials concerning filed security transactions. 83-5.
Advisory committees are covered by tort claims act. 84-88.
Insurance; health care provider insurance; health care provider insurance availability plan; governing board; Kansas tort claims act; advisory committee. 85-21.
Emergency medical services; liability for care rendered. 85-119.
Liability of governmental entities; townships. 86-18.
Members of continuing legal education commission are covered by act. 86-109.
Eight-hour day on public work; enforcement of K.S.A. 44-201 et seq. 86-129.
Directors of Kansas technology enterprise corporation are covered by act. 86-155.
Liability of counties for providing or selling certain chemicals. 86-173.
Municipal energy agencies are covered by act. 86-177.
Board of state fair managers are state employees for purposes of Kansas tort claims act. 87-97.
State operated information network; tort claims act. 88-62.
Definition of employee covered by tort claims act. 88-93.
Liability of governmental entities; county zoning administrator. 88-141.
Maintenance of waterway along township road. 90-27.
Maintenance of township road; agreement with county; termination, duties and liabilities; Kansas tort claims act. 90-113.
Legislative post audit; performance audit; acceptance or approval of audit reports. 91-92.
Subsection (c) considered; domestic violence matters; written policies adopted by law enforcement agencies; protection from abuse act. 92-34.
Municipalities' power to regulate speed and establish traffic control devices in residential districts. 93-131.
Giving a false alarm by fire department; possible liability under Kansas tort claims act. 95-40.
Kansas development finance authority held subject to tort claims act; opinion 94-140 withdrawn. 95-78.
K.S.U. research foundation is a governmental entity for purposes of act. 95-115.
Unified school district, authority to contract; incurring liability; securing payment of obligations. 96-36.
Authority and responsibility of county to erect and maintain traffic signs on township roads; liability under tort claims act. 97-25.
Kansas Health Insurance Association is a "governmental entity" under the Kansas tort claims act. 97-81.
Claims arising out of court service officer's use of personal motor vehicle while acting within scope of employment; state liability under tort claims act; reimbursement for additional insurance premiums. 99-17.
Judicial District Corrections Advisory Board is governmental entity for purposes of act. 2000-3.
Assistance by state officials on federal property; coverage under Kansas Tort Claims Act. 2002-7.
Upstream landowner has duty to protect a lower downstream landowner from any damage resulting from upstream landowner's gathering or diversion of water. 2002-40.
Physician's assistant hired by Kansas Veterans' Home is employee for purposes of act. 2004-3.
CASE ANNOTATIONS
1. Individual officers and employees of immune governmental entity share immunity when acting within scope of their employment. Murphy v. City of Topeka, 6 Kan. App. 2d 488, 493, 494, 630 P.2d 186 (1981).
2. Claim of wrongful conversion for collection of unconstitutional assessments barred under subsection (e). Wheat v. Finney, 230 Kan. 217, 219, 220, 630 P.2d 1160 (1981).
3. Action of police officers in failure to remove person from plaintiff's property found discretionary and exempt from liability under Kansas tort claims act. Robertson v. City of Topeka, 231 Kan. 358, 359, 360, 363, 644 P.2d 458 (1982).
4. Subsection (g) does not as a matter of law exempt government from liability for failure to provide highway signs. Carpenter v. Johnson, 231 Kan. 783, 784, 785, 788, 790, 649 P.2d 400 (1982).
5. Failure to recall bench warrant by municipal court clerk not judicial function but ministerial; not exempted from act. Cook v. City of Topeka, 232 Kan. 334, 335, 336, 337, 654 P.2d 953 (1982).
6. Summary judgment for university police officer sustained; governmental immunity applied. Thornton v. Shore, 232 Kan. 394, 395, 654 P.2d 475 (1982).
7. Application of exception based upon determination of whether city employees acted within scope of employment and within purview of city ordinance; exception applies regardless of existence of malice. Lantz v. City of Lawrence, 232 Kan. 492, 494, 495, 497, 498, 657 P.2d 539 (1983).
8. Recovery against city by person injured during mob violence disallowed; not street defect for which city liable. Warden v. City of Wichita, 232 Kan. 838, 840, 658 P.2d 1043 (1983).
9. Defendant city acting pursuant to K.S.A. 12-1756 immune from suit under subsections (j) and (m). Busch v. City of Augusta, 9 Kan. App. 2d 119, 125, 126, 674 P.2d 1054 (1983).
10. Where emergency vehicle operated in complete compliance with K.S.A. 8-1506, no tort committed by driver when third parties injured by fleeing violator. Thornton v. Shore, 233 Kan. 737, 753, 754, 666 P.2d 655 (1983).
11. Duty of state and county to warn of major prison escape not within exceptions. Cansler v. State, 234 Kan. 554, 567, 569, 571, 675 P.2d 57 (1984).
12. Use of unreasonable force by police officers not protected by Kansas tort claims act. Caplinger v. Carter, 9 Kan. App. 2d 287, 294, 676 P.2d 1300 (1984).
13. Individual precluded from recovering damages for inadequate or negligent inspection of tree; "inspection" defined. Siple v. City of Topeka, 235 Kan. 167, 172, 679 P.2d 190 (1984).
14. Operation of emergency vehicle not within exceptions under subsections (a), (c), (d) or (m); application of subsection (f) (members of firemen's relief association) prospective only; burden on defendant to establish entitlement to exception. Jackson v. City of Kansas City, 235, Kan. 278, 283, 284, 286, 288, 292, 680 P.2d 877 (1984).
15. Discretion of adult authority in granting conditional releases exception under act. Beck v. Kansas University Psychiatry Foundation, 580 F. Supp. 527, 538, 541 (1984).
16. Where plaintiff failed to show gross and wanton negligence in installing fence on public property, summary judgment proper. Willard v. City of Kansas City, 235 Kan. 655, 660, 681 P.2d 1067 (1984).
17. Officers making warrantless arrest with probable cause immune from liability for false arrest. Mendoza v. Reno County, 235 Kan. 692, 694, 681 P.2d 676 (1984).
18. Government exempt from liability for damages from legislative functions, but not from equitable or extraordinary relief. State ex rel. Stephan v. Kansas House of Representatives, 236 Kan. 45, 47, 48, 687 P.2d 622 (1984).
19. Totality of circumstances control in determining whether decision regarding particular traffic sign discretionary in nature. Toumberlin v. Haas, 236 Kan. 138, 142, 689 P.2d 808 (1984).
20. Regardless of what causes injury in public park, gross and wanton negligence necessary for liability by city. Bonewell v. City of Derby, 236 Kan. 589, 592, 693 P.2d 1179 (1985).
21. Governmental entity or employee liable for acts or omissions involving more than lack of ordinary care and diligence. Hopkins v. State, 237 Kan. 601, 611, 702 P.2d 311 (1985).
22. Summary judgment proper where evidence presented failed to give rise to inference of gross and wanton negligence. Lee v. City of Fort Scott, 238 Kan. 421, 422, 424, 710 P.2d 689 (1985).
23. Absent statutory exceptions, KDOT owes public same duty under act in doing highway maintenance as private individual. Rollins v. Kansas Dept. of Transportation, 238 Kan. 453, 456, 458, 711 P.2d 1330 (1985).
24. Cited; duties of counties and townships to provide road warning signs examined. Finkbiner v. Clay County, 238 Kan. 856, 857, 714 P.2d 1380 (1986).
25. Cited; where police are subject to guidelines or owe specific duty to individual, public duty doctrine inapplicable. Fudge v. City of Kansas City, 239 Kan. 369, 371, 372, 720 P.2d 1093 (1986).
26. Cited; duty imposed by KTCA, permissible scope of delegation of duty by state on highway projects, jury instructions examined. Trout v. Koss Constr. Co., 240 Kan. 86, 88, 727 P.2d 450 (1986).
27. Failure to obtain correct address of residence to be searched involved discretionary choice for which no liability exists. Schulte v. City of Dodge City, Kan., 630 F. Supp. 327, 329 (1986).
28. While termination of city employee could qualify for discretionary function exception, alleged defamation claim occurring during termination not barred. Polson v. Davis, 635 F. Supp. 1130, 1153 (1986).
29. City not liable for failure to enforce train speed limit or failing to remove obstructions from or inspect railroad property. Sisk v. National R.R. Passenger Corp., 647 F. Supp. 861, 862 (1986).
30. Discretionary decision to undertake a purely ministerial task of janitorial work cannot cloak negligent performance with immunity. Allen v. Kansas Dept. of S.R.S., 240 Kan. 620, 623, 731 P.2d 314 (1987).
31. Providing of police protection under (m) and discretionary function under (d) considered. Beck v. Kansas Adult Authority, 241 Kan. 13, 14, 18, 20, 21, 24, 29, 32, 33, 37, 735 P.2d 222 (1987).
32. Paragraph (n) cited; immunity from liability for negligent acts as opposed to gross and wanton negligence examined. Boaldin v. University of Kansas, 242 Kan. 288, 747 P.2d 811 (1987).
33. Tort claims act does not extend mantle of immunity beyond boundaries of protection previously recognized under common law. Taylor v. Reno County, 242 Kan. 307, 747 P.2d 100 (1987).
34. City housing authority not immune from liability for negligent inspections, and failing to provide devices and personnel for fire protection. Allen v. City of Kansas City, Kan., 660 F. Supp. 489, 491 (1987).
35. Discipline by school district employee of special education student does not support claim under act. Hayes through Hayes v. Unified School Dist. 377, 669 F. Supp. 1519, 1529 (1987).
36. Kansas Adult Authority members immune from state tort claims for release of individual where exercise of discretionary function not involved. Beck v. Kansas University Psychiatry Foundation, 671 F. Supp. 1552, 1555 (1987).
37. Administrator of security at state medical center held exempt from negligence claims resulting from shooting at center. Beck v. Calvillo, 671 F. Supp. 1555, 1563 (1987).
38. Correctional officials' claim that state negligence action arising from parolee's crimes barred by immunity not considered where defenses under Kansas Tort Claims Act not raised. Beck v. Kansas University Psychiatry Foundation, 671 F. Supp. 1563, 1574 (1987).
39. Cited; city's acts resulting in icy street conditions from broken water main as creating actionable negligence examined. Draskowich v. City of Kansas City, 242 Kan. 734, 750 P.2d 411 (1988).
40. City manager's decisions on handling female police officer's complaints of sexual harassment entailed formulation of government policy. Haehn v. City of Hoisington, 702 F. Supp. 1526, 1532 (D. Kan. 1988).
41. Immunity of police officers in failing to detain abusive spouse and arresting same following numerous complaints examined. Watson v. City of Kansas City, Kan., 857 F.2d 690, 697 (10 th Cir. 1988).
42. Cited; immunity issues relative to particular laws applicable, i.e., federal and state, examined. Riddle v. City of Ottawa, 12 Kan. App. 2d 714, 754 P.2d 465 (1988).
43. Exceptions herein inapplicable where legal duty exists that must be followed; no discretionary right to violate legal duty. Dougan v. Rossville Drainage Dist., 243 Kan. 315, 325, 757 P.2d 272 (1988).
44. Immunity of police officers in failing to detain abusive spouse and arresting same following numerous complaints examined. Watson v. City of Kansas City, Kan., 857 F.2d 690, 697 (10 th Cir. 1988).
45. Legislature intentionally omitted due care provision of federal law in enacting K.S.A. 75-6104(c); city immune from liability for negligence in enforcing ordinance. Barber v. Williams, 244 Kan. 318, 324, 767 P.2d 1284 (1989).
46. School district's duties to students riding buses and unloading them examined. Hackler v. U.S.D. No. 500, 245 Kan. 295, 777 P.2d 839 (1989).
47. Board of county commissioners as exempt from liability for negligence in issuing permit for septic system examined. Collins v. Heavener Properties, Inc., 245 Kan. 623, 783 P.2d 883 (1989).
48. School district's duty to supervise and protect safety of student not "discretionary"; no basis for immunity. Greider v. Shawnee Mission Unified School D. 512, 710 F. Supp. 296, 298 (1989).
49. Immunity from liability to high school athlete injured following practice based on recreational use, not condition of premises. Nichols v. U.S.D. No. 400, 246 Kan. 93, 94, 97, 785 P.2d 986 (1990).
50. Inspection of driving record not an inspection within meaning of subsection (k). Griffin v. State, 14 Kan. App. 2d 803, 808, 799 P.2d 521 (1990).
51. Government immune for ordinary negligence when fees charged for use of public property; not affected by K.S.A. 58-3201 et seq. Gonzales v. Board of Shawnee County Comm'rs, 247 Kan. 423, 429, 799 P.2d 491 (1990).
52. Discretionary function exception inapplicable where a legal duty exists which the agency is required to follow; policy regarding loose cattle examined. Eames v. Board of County Comm'rs, 733 F. Supp. 322, 325 (1990).
53. Discretionary function exception inapplicable to student claims of fraudulent misrepresentation concerning participation in baseball program. Lesser v. Neosho County Community College, 741 F. Supp. 854, 866 (1990).
54. Frequency of inspections and need for repair of warning signs at railroad crossing questions of professional judgment under facts stated. Huseby v. Bd. of Cty. Com'rs of Cowley Cty., 754 F. Supp. 844, 847 (1990).
55. School district's responsibility in failing to follow established procedure involving child abuse allegations against third party's employee/bus driver examined. Kansas State Bank & Tr. Co. v. Specialized Transportation Services, Inc., 249 Kan. 348, 363, 819 P.2d 587 (1991).
56. Posting of warning signs concerning depth of water at bridge over rural creek is discretionary function of county. Collins v. Board of Douglas County Comm'rs, 249 Kan. 712, 713, 714, 716, 720, 822 P.2d 1042 (1991).
57. County treasurer and state department of revenue lack immunity for negligent examination of motor vehicle title application. Mid American Credit Union v. Board of Sedgwick County Comm'rs, 15 Kan. App. 2d 216, 219, 806 P.2d 479 (1991).
58. Decision to strip search traffic offender held discretionary function; enforcement of law exception; police protection exception; exceptions do not grant absolute immunity. Allen v. Board of Comm'rs of County of Wyandotte, 773 F. Supp. 1442 (1991).
59. Liability of SRS for removal of child from foster care home examined. G. v. State Dept. of SRS, 251 Kan. 179, 833 P.2d 979 (1992).
60. State employee's acceptance of bribe as not within scope of employment and does not further state's business. Commerce Bank of St. Joseph, N.A. v. State, 251 Kan. 207, 214, 833 P.2d 996 (1992).
61. Cited in holding police owed no special duty to intoxicated bar patron permitted to leave and later found frozen to death nearby. Mills v. City of Overland Park, 251 Kan. 434, 448, 837 P.2d 370 (1992).
62. Department of transportation and city immune from liability under act for nonplacement of protected left-turn signal on connecting link highway. Force v. City of Lawrence, 17 Kan. App. 2d 90, 838 P.2d 896 (1992).
63. Public golf course constitutes recreational use exception; nature of employee's negligence generally question for trier of fact. Gruhin v. City of Overland Park, 17 Kan. App. 2d 388, 391, 392, 836 P.2d 1222 (1992).
64. Subsection (n) does not protect state where law enforcement employee breaches specific duty owed to individual rather than general public. Washington v. State, 17 Kan. App. 2d 518, 526, 839 P.2d 555 (1992).
65. Where city knew of defective sidewalk and failed to correct problem in four months, case properly submitted to jury. Tuley v. City of Kansas City, 17 Kan. App. 2d 661, 665, 843 P.2d 267 (1992).
66. Discretionary function defense available when no mandatory duty exists; exercise of some judgment not sufficient. Franz v. Lytle, 791 F. Supp. 827, 828, 834 (1992).
67. Kansas tort claims act provides no immunity to county commissioners as defense to federal claim. Cory v. Thompson, 795 F. Supp. 368, 369, 370 (1992).
68. Issue of fact regarding discretionary function defense to intentional torts precluded summary judgment. Burgess v. West, 817 F. Supp. 1520, 1521, 1524 1525, 1526 (1993).
69. If the state cannot establish its entitlement to any of the exceptions herein, K.S.A. 75-6103 governs. C.J.W. v. State, 253 Kan. 1, 13, 853 P.2d 4 (1993).
70. University's duty to use reasonable care in protecting occupants of coed housing from foreseeable criminal conduct in common area examined. Nero v. Kansas State University, 253 Kan. 567, 568, 585, 586, 587, 588, 594, 599, 861 P.2d 768 (1993).
71. Discretionary function exception inapplicable where legal duty exists which the governmental agency is required to follow. Lamb v. City of Elsmore, 18 Kan. App. 2d 641, 857 P.2d 1380 (1993).
72. When prison officials owe a duty to protect one inmate from attack by another inmate examined. Cupples v. State, 18 Kan. App. 2d 864, 867, 872, 861 P.2d 1360 (1993).
73. Whether psychologists conducting court-ordered evaluations were entitled to judicial function immunity under KTCA (K.S.A. 75-6101 et seq.) examined. Akbarnia v. Deming, 845 F. Supp. 788, 789 (1994).
74. Whether county officials entitled to discretionary function immunity where city policeman alleged false arrest examined. Tomrell v. Leavenworth County, Kan., 845 F. Supp. 1454, 1457 (1994).
75. Whether issue of KDHE acting outside of scope of enforcement of laws precluded summary judgment examined. Lindenman v. Umscheid, 255 Kan. 610, 635, 875 P.2d 964 (1994).
76. Whether KDOT is immune from liability for flood damage allegedly caused by negligent highway design examined. Kemna v. Kansas Dept. of Transportation, 19 Kan. App. 2d 846, 847, 877 P.2d 462 (1994).
77. Whether evidence sufficient to establish wrongful death claim based on negligence for summary judgment purposes examined. Sevier v. City of Lawrence, 853 F. Supp. 1360, 1370 (1994).
78. Whether cities and counties are immune from liability for failure to warn citizens of approaching severe weather examined. Bradley v. Board of Butler County Comm'rs, 20 Kan. App. 2d 602, 603, 606, 890 P.2d 1228 (1995).
79. Issue regarding whether county met requirements for immunity under subsection (m) precluded summary judgment. Johnson v. Board of Pratt County Comm'rs, 21 Kan. App. 2d 76, 81, 89, 897 P.2d 169 (1995).
80. Defendants are not entitled to immunity under KCTA discretionary function exception for death of motorist in high-speed chase. Carl v. City of Overland Park, Kan., 65 F.3d 866, 871 (1995).
81. County's failure to obtain division of water resources approval for channel alteration from bridge construction precluded immunity. Johnson v. Board of Pratt County Comm'rs, 259 Kan. 305, 308, 319, 913 P.2d 119 (1996).
82. Placement of children by social worker immune from suit under KTCA discretionary function exception. Bolyard v. Kansas Dept. of SRS, 259 Kan. 447, 451, 912 P.2d 729 (1996).
83. Trial court committed reversible error by permitting gross negligence question to go to jury. Lanning v. Anderson, 22 Kan. App. 2d 474, 476, 479, 921 P.2d 813 (1996).
84. SRS employees determining whether to investigate child abuse allegations are involved in a discretionary act for KTCA (K.S.A. 75-6101 et seq.) purposes. Beebe v. Fraktman, 22 Kan. App. 2d 493, 494, 921 P.2d 216 (1996).
85. County is immune from liability for damages from party wrongly named as property owner in tax assessment rolls. LaBarge v. City of Concordia, 23 Kan. App. 2d 8, 17, 927 P.2d 487 (1996).
86. Material issue of fact in wrongful death action precluded summary judgment. Bird v. Kansas Dept. of Transportation, 23 Kan. App. 2d 164, 169, 928 P.2d 915 (1996).
87. County's decision to place traffic sign on road was discretionary function for tort claims purposes. Kastendieck v. Board of County Comr's, 934 F. Supp. 387, 391, 393 (1996).
88. Police chief who conducted criminal history check for illegitimate reason not immune under KTCA (K.S.A. 75-6101 et seq.). Patrick v. City of Overland Park, Kan., 937 F. Supp. 1491, 1501 (1996).
89. Police protection exception applied to state university and its police department in wrongful death and survival action. Gragg v. Wichita State Univ., 261 Kan. 1037, 1055, 1058, 1059, 1061, 934 P.2d 121 (1997).
90. SRS is immune from liability for alleged negligent child abuse investigation and for malicious prosecution. Burney v. Kansas Dept. of SRS, 23 Kan. App. 2d 394, 403, 931 P.2d 26 (1997).
91. Federal civil rights claims are not subject to Kansas Tort Claims Act, therefor immunity hereunder not available to county. Sage v. Williams, 23 Kan. App. 2d 624, 631, 933 P.2d 775 (1997).
92. Defendants immune under subsections (d) and (e) notwithstanding public employee's failure to follow personnel policies; no independent duty of care owed injured party. Jarboe v. Board of Sedgwick County Comm'rs, 262 Kan. 615, 938 P.2d 1293 (1997).
93. Supervising officer's oral instruction to officer to observe intoxicated person who later caused car accident fell within discretionary exception. Woodruff v. City of Ottawa, 263 Kan. 557, 560, 565, 951 P.2d 953 (1997).
94. District court did not err in rejecting airport authority's claims of immunity under subsections (c), (e), (k) and (n). Cessna Aircraft Co. v. Metropolitan Topeka Airport Authority, 23 Kan. App. 2d 1038, 940 P.2d 84 (1997).
95. Action filed against district judges concerning pretrial release procedures dismissed under KTCA (K.S.A. 75-6101 et seq.) judicial function exception. Smith v. State, 264 Kan. 348, 358, 955 P.2d 1293 (1998).
96. Cemetery district granted immunity for injuries to plaintiff visiting cemetery; breach of duty not proven. Brock v. Richmond-Berea Cemetery Dist., 264 Kan. 613, 614, 957 P.2d 505 (1998).
97. Summary judgment of claim police violated policy manual by media release of name of officer involved in shooting upheld. Fettke v. City of Wichita, 264 Kan. 629, 632, 957 P.2d 409 (1998).
98. Parole officer's failure to disclose parolee's criminal history to employer fell within discretionary function exception of KTCA. Schmidt v. HTG, Inc., 265 Kan. 372, 391, 961 P.2d 677 (1998).
99. University dean was immune under KTCA (K.S.A. 75-6101 et seq.) for alleged failure to advise professor concerning tenure evaluation process. El-Ghori v. Grimes, 23 F. Supp. 2d 1259, 1271 (1998).
100. Decision to grant off-grounds pass to involuntarily confined mental patient was within discretionary function exception of KTCA. Hesler v. Osawatomie State Hospital, 266 Kan. 616, 622, 971 P.2d 1169 (1999).
101. No special duty owed to plaintiff; defendants are immune from liability under act in light of 1987 amendment; defendants acted without malice. Kennedy v. Kansas Dept. of SRS, 26 Kan. App. 2d 98, 100, 101, 102, 103, 981 P.2d 266 (1999).
102. Governmental entity's burden to prove it within exceptions to liability; school gymnasium is public property; activity involved need not take place out of doors to be a part of exception to liability contained in subsection (o); school employee exercising discretionary function within scope of employment is immune from liability for ordinary negligence where physical education teacher permitted students to use spring board after class. Jackson v. U.S.D. 259, 26 Kan. App. 2d 111, 113, 114, 116, 979 P.2d 151 (1999).
103. Claim for intentional trespass and nuisance for plumbing failures against county; held discretionary function exception applied. Lofland v. Sedgwick County, 26 Kan. App. 2d 697, 698, 996 P.2d 334 (1999).
104. Municipal defendants held immune on negligent inspection claims under act. Green v. City of Wichita, Kan., 47 F. Supp. 2d 1273, 1276 (1999).
105. City not entitled to sovereign immunity from claims of trespass, invasion of privacy and other intentional torts. Watson v. City of Kansas City, Kan., 80 F. Supp. 2d 1175, 1198 (1999).
106. Case remanded for factual determination concerning whether school gymnasium is permitted to be used for recreational purposes. Jackson v. U.S.D. 259, 268 Kan. 319, 321, 995 P.2d 844 (2000).
107. Discretionary function exception to liability under Kansas Tort Claims Act does not apply where legal duty exists for governmental agency. Dougan v. Rossville Drainage Dist., 270 Kan. 468, 15 P.3d 338 (2000).
108. City granted summary judgment based on discretionary function exception—no special duty owed deceased person. Kirk v. City of Shawnee, Kansas, 27 Kan. App. 2d 946, 10 P.3d 27 (2000).
109. Peace officers immune under affirmative defense of discretionary immunity. Campbell v. City of Leavenworth, 28 Kan. App. 2d 120, 13 P.3d 917 (2000).
110. School district is immune based on recreational use exception of Kansas Tort Claims Act; follows Jackson v. U.S.D. 259, 268 Kan. 319, in holding wrestling room an "open area" for purposes of section. Wright v. U.S.D. No. 379, 28 Kan. App. 2d 177, 14 P.3d 437 (2000).
111. Material fact issue regarding excessive police force precluded summary judgment concerning shooting of drug suspect. Estate of Fuentes ex rel. Fuentes v. Thomas, 107 F. Supp. 2d 1288, 1305 (2000).
112. Recreational use exception of Kansas Tort Claims Act applies to accident occurring in an indoor theater; summary judgment affirmed. Tullis v. Pittsburg State Univ., 28 Kan. App. 2d 347, 16 P.3d 971 (2000).
113. Directional signs to get to private business was not an official detour; state had no duty to place traffic signs on route. Albright v. Kansas Dept. of Transportation, 28 Kan. App. 2d 896, 22 P.3d 615 (2001).
114. In case involving death of high school senior during first day of conditioning for football players, recreational use exception of KTCA held applicable, no equal protection violation found; returned to trial court for determination of gross or wanton negligence. Barrett v. U.S.D. No. 259, 272 Kan. 250, 32 P.3d 1156 (2001).
115. Physician held to be employee of hospital; plaintiff was required to give notice of claim to municipal organization; summary judgment affirmed. Knorp v. Albert, 29 Kan. App. 2d 509, 28 P.3d 1024 (2001).
116. Recreational use exception applied to school gymnasium; governmental immunity as part of common law applies to school districts. Jackson v. U.S.D. No. 259, 29 Kan. App. 2d 826, 31 P.3d 989 (2001).
117. Defendants not immune under discretionary function exception to KTCA for claim by student of assault by security. Nicol v. Auburn - Washburn USD 437, 231 F. Supp. 2d 1092, 1105 (2002).
118. Termination of employee by county did not fall under discretionary function exception of KTCA (K.S.A. 75-6101 et seq.). Conrad v. Board of Johnson County Com'rs, 237 F. Supp. 2d 1204, 1260 (2002).
119. Use of baseball stadium at Wichita State University qualifies university as immune from liability under recreation use exception of KTCA. Molina v. Christensen, 30 Kan. App. 2d 467, 44 P.3d 1274 (2001).
120. Recreational use exception of KTCA shields defendant from liability for ordinary negligence. Wilson v. Kansas State University, 273 Kan. 584, 44 P.3d 454 (2002).
121. Recreational use exception applicable to injury sustained in hallway between swimming pool and locker room at state hospital. Robison v. State, 30 Kan. App. 2d 476, 43 P.3d 821 (2002).
122. Fact issue concerning whether corrections employee's action was a discretionary function precluded in summary judgment on KTCA immunity. Estate of Sisk v. Manzanares, 262 F. Supp. 2d 1162, 1185 (2002).
123. Snow and ice exception must be applied unless condition is affirmatively caused by negligent act of governmental entity. Lopez v. Unified Gov't of Wyandotte County, 31 Kan. App. 2d 923, 75 P.3d 1234 (2003).
124. State mental hospital employees were not immune pursuant to KCPA for battery and wrongful death claims. Unzueta v. Steele, 291 F. Supp. 2d 1230, 1240 (2003).
125. No recovery for sprained ankle incurred in city park used for recreational purposes. Jackson v. City of Norwich, 32 Kan. App. 2d 598, 85 P.3d 1259 (2004).
126. Snow and ice exception applies to circumstance when broken water main caused ice to form on roadway. Lopez v. Unified Gov't of Wyandotte County, 277 Kan. 682, 89 P.3d 588 (2004).
127. No liability of governmental entity acting on public improvement which was approved and in conformity with general standards prevailing at time prepared. Duncan v. City of Arkansas City, 35 Kan. App. 2d 44, 128 P.3d 417 (2006).
128. Summary judgment based on recreational use exception improper, where primary purpose of conference center not recreational. Lane v. Atchison Heritage Conf. Center, Inc., 35 Kan. App. 2d 838, 848, 134 P.3d 683 (2006).
129. Exception to KTCA in subsection (u) is rationally related to the State's interest in promoting the education of juvenile offenders. Christopher v. State, 36 Kan. App. 2d 697, 699, 143 P.3d 685 (2006).
130. Officers acted reasonably in entering house and shooting citizen, entitled to immunity under discretionary exception. Fry ex rel. Estate of Fry v. City of Galena, 450 F. Supp. 2d 1236, 1247 (2006).
131. Law enforcement exception and discretionary function exception to Kansas Tort Claims Act inapplicable to action brought. Skiles v. County of Rawlins, 468 F. Supp. 2d 1311, 1320 (D. Kan. 2007).
132. Recreational use exception applies where property was intended or permitted for recreation, primary purpose of facility irrelevant. Lane v. Atchison Heritage Conf. Center, Inc., 283 Kan. 439, 452, 153 P.3d 541 (2007).
133. Section analyzed and applied regarding recreational use exception. Poston v. U.S.D. 387, 37 Kan. App. 2d 694, 696, 697, 156 P.3d 685 (2007).
134. Discretionary function immunity discussed and applied. Soto v. City of Bonner Springs, 38 Kan. App. 2d 382, 166 P.3d 1056 (2007).
135. Cited in discussion of recreational use exception involving school commons area. Poston v. U.S.D. No. 387, 286 Kan. 809 to 814, 819 to 823, 189 P.3d 517 (2008).
136. Cited; proximate cause doctrine bars tort action under facts, negligence of another intervened. Hale v. Brown, 287 Kan. 320, 323, 197 P.3d 438 (2008).
137. Subsections (d) and (e) held to shield governmental entities from liability. Potts v. Board of Leavenworth County Comm'rs, 39 Kan. App. 2d 71, 77 to 80, 83, 85, 176 P.3d 988 (2008).
138. Cited; there is no authority for damages against county officials for invalid determination under recall act. Collins v. Hoeme, 40 Kan. App. 2d 93, 98, 189 P.3d 566 (2008).
139. Cited; discretionary function exception discussed and applied in student death case; also design immunity discussed. Wellhausen v. University of Kansas, 40 Kan. App. 2d 102, 104, 108, 189 P.3d 1181 (2008).
140. Cited; subsections (d) and (e) of K.S.A. 75-6104 not applicable where government owes duty of reasonable care to injured party. Thomas v. Board of Shawnee County Comm'rs, 40 Kan. App. 2d 946, 965, 966, 198 P.3d 182 (2008).
141. Having determined that mental health center did not owe duty to persons injured by patient, tort claims act not considered. Adams v. Board of Sedgwick County Comm'rs, 289 Kan. 577, 214 P.3d 1173 (2009).
142. Defendant county failed to follow protocol for proceedings on motions for summary judgment in order to demonstrate it is entitled to judgment on the discretionary function exception to tort liability. Lovitt v. Board of Shawnee County Comm'rs, 43 Kan. App. 2d 4, 221 P.3d 107 (2009).
143. County covered by discretionary function exception to liability under Kansas tort claims act. Soto v. City of Bonner Springs, 291 Kan. 73, 238 P.3d 278 (2010).
144. Shift supervisor and jail guard not entitled to immunity from liability under discretionary function exception of the Kansas Tort Claims Act. Thomas v. Board of Shawnee County Comm'rs, 293 Kan. 208, 262 P.3d 336 (2011).
145. School district and superintendent were immune from school principal's negligence claims under the Kansas tort claims act's discretionary function exception where superintendent investigated allegations of plaintiff's misconduct and formulated an administrative response. Stead v. USD No. 259, Sedgwick City, 92 F. Supp. 3d 1088, 1114 (D. Kan. 2015).
146. The state was immune from liability under the police protection exception of the Kansas tort claims act when a correctional facility inmate escaped from custody during work release and attacked a woman. Keiswetter v. State, 304 Kan. 362, 369-73, 373 P.3d 803 (2016).
147. County was not entitled to recreational use immunity because road at issue was not an integral component to the recreational area. Patterson v. Cowley Cnty., 53 Kan. App. 2d 442, 388 P.3d 923 (2017), aff'd, 307 Kan. 616, 413 P.3d 432 (2018).
148. Once the police owed a duty to plaintiffs by initiating an investigation into potentially illegal conduct, the police's subsequent decision to discontinue that investigation and refusal to act is not protected by the discretionary function immunity under the Kansas tort claims act. Williams v. C-U-Out Bail Bonds, LLC, 310 Kan. 775, 798, 450 P.3d 330 (2019).
149. A law enforcement officer's decision to return fire at a fleeing felon fell within the discretionary function exception. Henderson v. Bd. of Montgomery Cnty. Comm'rs, 57 Kan. App. 2d 818, 835, 461 P.3d 64 (2020).
150. A law enforcement officer's pursuit of a fleeing suspect does not fall within the discretionary function exception in subsection (e) or the police protection exception found in subsection (n). Montgomery v. Saleh, 311 Kan. 649, 665, 466 P.3d 902 (2020).