Sentences with phrase «discretionary functions»

So, FTCA basically takes responsibility for certain kinds of routine car accidents, slip and fall situations, medical malpractice and the like, while excluding uniquely governmental discretionary functions.

«We generally hold that government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.»

Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.

The discretionary function exception protects the government from liability for 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 government employee.

One of the biggest exceptions to governmental liability under the local government tort claims act is the discretionary function exception.

The municipality asked the court to dismiss the case based on the theory of government immunity, which attaches when a government is engaging in a discretionary function.

In response, the city claimed that it was entitled to immunity from the lawsuit based on the Indiana Tort Claims Act, which grants immunity to the government and government employees when they are performing a discretionary function.

Policy Decisions: No proceeding based on negligence in connection with the exercise or non-exercise of a discretionary power or the performance or non-performance of a discretionary function, if the action or inaction results from a policy decision of a municipality or local board made in a good faith exercise of the discretion, shall be commenced against,

Every public body and its officers, employees and agents acting within the scope of their employment or duties... are immune from liability for... Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.

(1.2) For the purposes of clauses (1)(b) and (c), if a benefit applicable to the Deputy Chief Electoral Officer or to an employee of the office of the Chief Electoral Officer is contingent on the exercise of a discretionary power or the performance of a discretionary function, the power may be exercised or the function may be performed by the Chief Electoral Officer or any person authorized in writing by the Chief Electoral Officer.

That statute precludes liability for «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 public employer or public employee...» For purposes of the statute, discretionary conduct must involve policy making or planning and not merely an ad hoc determination.

Not exact matches

Such statement shall set forth, for each individual program, the major goals and objectives, a description of the need for the program, including whether mandated or discretionary, and specific outcomes related to proposed and approved expenditures for each program or function.

And though the body does not dole out the discretionary funding Ms. Quinn brandished to reward allies and punish opponents, the Assembly functions entirely under the thumb of Mr. Silver.

These are software systems that function as decision support tools, rather than decision - makers, and they analyze the market objectively to provide quantitative insight for discretionary trading.

Also, any person occupying a similar status or performing similar functions, in any capacity that involves (a) the solicitation or acceptance of customers» orders, discretionary accounts, or participation in a commodity pool (other than in a clerical capacity); or (b) the supervision of any person or persons so engaged.

Table 5.1 — Budget Authority by Function and Subfunction: 1976 — 2023 Table 5.2 — Budget Authority by Agency: 1976 — 2023 Table 5.3 — Percentage Distribution of Budget Authority by Agency: 1976 — 2023 Table 5.4 — Discretionary Budget Authority by Agency: 1976 — 2023 Table 5.5 — Percentage Distribution of Discretionary Budget Authority by Agency: 1976 — 2023 Table 5.6 — Budget Authority for Discretionary Programs: 1976 — 2023

The school countered that the plaintiff assumed the risk of the activity by voluntarily participating in the game, and it also argued that, as a matter of law, the school was entitled to immunity because the decision to have the students play floor hockey was a discretionary government function.

• the Council's function is recommendatory and the Governor General's decision is discretionary;

The notice provisions do not function in the same way as limitation period provisions for the following reasons: (1) non-compliance with s. 736 of the LGA or its predecessors does not prevent a plaintiff from commencing or maintaining an action; (2) unlike the more objective language of s. 4 (1) of the Limitation Act, the discretionary saving provision of s. 736 (3) may or may not act as a bar to an action; and (3) the trial or appeal court must determine whether the discretionary saving provision applies based on the evidentiary record.

«Many households view special function rooms as discretionary, and therefore easier to eliminate as homes were downsized.