Suing the Government

Suing State and Local Government Under State Law

Mississippi abandons discretionary or ministerial test and returns to Gaubert standard for state tort claims - Wilcher v. Lincoln Cty. Bd. of Supervisors & City of Brookhaven, Mississippi, 243 So. 3d 177 (Miss. 2018).

No immunity for injuries caused by police high speed chases - Patrick v. Miresso, No. 45S03-0505-CV-223 (Ind. 06/14/2006) Good discussion of the law governing emergency vehicle operation.

Commerce and Industry Insurance Co. v. Grinnell Corp., 280 F.3d 566 (5th Cir. 2002) - LA TCA construed the same as the FTCA.

Oyster Cases - Louisiana Holds State Liable for Not Enforcing Sanitary Code for Oysters - Gregor v. Argenot Great Central Insurance Co., 851 So.2d 959 (La. 2003); No liability for warning physicians and not the public about bad oysters - Simeon v. Doe, 618 So.2d 848 (La. 05-24-1993), also see: Does the state have a duty to warn about bad oysters? - Winstead v. Ed's Live Catfish & Seafood, Inc., 554 So.2d 1237 (La.App. 1 Cir. 1989) also see: 04-0055 Vermilion Parish Police Jury - Police jury's rights and obligations pertaining to pumps located in Vermilion Parish that are being utilized to assist in drainage of low lying areas - discretionary authority immunity.

Brief - Is a state hospital entitled to sovereign immunity? - University of Texas Medical Branch Hosp. at Galveston v. Hardy, 2 S.W.3d 607 (Tex.App.-Hous. (14 Dist.) 1999)

Brief - Medical care not a discretionary function for tort claims act - Ex parte Cranman, 792 So.2d 392 (Ala. 2000)

Choosing to not collect epidemiological information is within agency discretion (good discussion) - Jasa By and Through Jasa v. Douglas County, 244 Neb. 944, 510 N.W.2d 281 (Neb. 1994)

Immunity for city and health officers for imposing smallpox quarantine order - Crayton v. Larabee, 220 N.Y. 493, 116 N.E. 355 (N.Y. May 01, 1917)