Cited by
Opinions in Minnesota that cite Rico v. State, 472 N.W.2d 100.
- Janklow v. Minnesota Board of Examiners for Nursing Home Administrators 536 N.W.2d 20 Minn. Ct. App. 1995
- Janklow v. Minnesota Board of Examiners for Nursing Home Administrators 536 N.W.2d 20 Minn. Ct. App. 1995
- Nicollet Restoration, Inc. v. City of St. Paul 533 N.W.2d 845 Minn. 1995
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Nicollet Restoration, Inc. v. City of St. Paul
533 N.W.2d 845
Minn. 1995
(reviewing denial of summary judgment for error in application of governmental immunity).
- Carter v. Cole 526 N.W.2d 209 Minn. Ct. App. 1995
- Carter v. Cole 526 N.W.2d 209 Minn. Ct. App. 1995
- Mjolsness v. Riley 524 N.W.2d 528 Minn. Ct. App. 1994
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Mjolsness v. Riley
524 N.W.2d 528
Minn. Ct. App. 1994
(bad-faith conduct is the intentional doing of a wrongful act without legal justification or excuse, or the willful violation of a known right); -79 (Minn.1988) (bad-faith conduct involves not merely erroneous judgment, but rather malicious intent); Susla v. S
- Lommen v. City of East Grand Forks 522 N.W.2d 148 Minn. Ct. App. 1994
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Lommen v. City of East Grand Forks
522 N.W.2d 148
Minn. Ct. App. 1994
Thus, North Dakota's definition of "gross negligence” seems to approach "willful,” but may be somewhat different because under Minnesota's law of official immunity, "malice"— which is synonymous with "willful”— “means nothing more than the intentional doing of a wrongful act without legal justification or excuse, or, otherwise stated, the willful violation of a known right.” (quoting Carnes v. St.
- Duellman v. Erwin 522 N.W.2d 377 Minn. Ct. App. 1994
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Duellman v. Erwin
522 N.W.2d 377
Minn. Ct. App. 1994
528, 546 (D.Minn.1993) (emergency situation is not necessary); (termination of employee).
- State Ex Rel. Beaulieu v. City of Mounds View 518 N.W.2d 567 Minn. 1994
- State Ex Rel. Beaulieu v. City of Mounds View 518 N.W.2d 567 Minn. 1994
- Waste Recovery Cooperative v. County of Hennepin 517 N.W.2d 329 Minn. 1994
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Waste Recovery Cooperative v. County of Hennepin
517 N.W.2d 329
Minn. 1994
As for Hennepin’s last-minute claim of official immunity, that doctrine “protects from personal liability a public official charged by law with duties that call for the exercise of judgment or discretion unless the official is guilty of a wilful or malicious wrong.” -07 (Minn.1991) ().
- Leonzal v. Grogan 516 N.W.2d 210 Minn. Ct. App. 1994
- Leonzal v. Grogan 516 N.W.2d 210 Minn. Ct. App. 1994
- Bauer v. State 511 N.W.2d 447 Minn. 1994
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Bauer v. State
511 N.W.2d 447
Minn. 1994
The judge concluded that “absolute privilege” did not apply
- Stone v. Badgerow 511 N.W.2d 747 Minn. Ct. App. 1994
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Stone v. Badgerow
511 N.W.2d 747
Minn. Ct. App. 1994
-41 (Minn.App.1990), aff'd
- Johnson v. County of Dakota 510 N.W.2d 237 Minn. Ct. App. 1994
- Johnson v. County of Dakota 510 N.W.2d 237 Minn. Ct. App. 1994
- Hyland v. State 509 N.W.2d 561 Minn. Ct. App. 1993
- Hyland v. State 509 N.W.2d 561 Minn. Ct. App. 1993
- Rasivong v. Lakewood Community College 504 N.W.2d 778 Minn. Ct. App. 1993
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Rasivong v. Lakewood Community College
504 N.W.2d 778
Minn. Ct. App. 1993
The discretionary acts exception is intended “to preserve the separation of powers by insulating executive and legislative policy decisions from judicial review through tort actions.” ().
- McDonough v. City of Rosemount 503 N.W.2d 493 Minn. Ct. App. 1993
- Soucek v. Banham 503 N.W.2d 153 Minn. Ct. App. 1993
- McDonough v. City of Rosemount 503 N.W.2d 493 Minn. Ct. App. 1993
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Soucek v. Banham
503 N.W.2d 153
Minn. Ct. App. 1993
Malice “means * * * the intentional doing of a wrongful act without legal justification or excuse, or, otherwise stated, the willful violation of a known right.” (quoting Carnes v. St.
- Gasparre v. City of St. Paul 501 N.W.2d 683 Minn. Ct. App. 1993
- Maras v. City of Brainerd 502 N.W.2d 69 Minn. Ct. App. 1993
- Gasparre v. City of St. Paul 501 N.W.2d 683 Minn. Ct. App. 1993
- Maras v. City of Brainerd 502 N.W.2d 69 Minn. Ct. App. 1993
- State Ex Rel. Beaulieu v. City of Mounds View 498 N.W.2d 503 Minn. Ct. App. 1993
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State Ex Rel. Beaulieu v. City of Mounds View
498 N.W.2d 503
Minn. Ct. App. 1993
(malice in this context is the intentional doing of a wrongful act without legal justification).
- Baker v. Chaplin 497 N.W.2d 314 Minn. Ct. App. 1993
- Baker v. Chaplin 497 N.W.2d 314 Minn. Ct. App. 1993
- LeBaron v. Minnesota Board of Public Defense 499 N.W.2d 39 Minn. Ct. App. 1993
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LeBaron v. Minnesota Board of Public Defense
499 N.W.2d 39
Minn. Ct. App. 1993
Johnson, d at 42 ; see Wagner v. State Dep’t of Health and Social Servs., (official immunity affords no protection for conduct that is intentional).
- Culberson v. Chapman 496 N.W.2d 821 Minn. Ct. App. 1993
- Culberson v. Chapman 496 N.W.2d 821 Minn. Ct. App. 1993
- Carradine v. State 494 N.W.2d 77 Minn. Ct. App. 1992
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Carradine v. State
494 N.W.2d 77
Minn. Ct. App. 1992
The purpose behind the official immunity doctrine is “to insure that the threat of potential liability does not unduly inhibit the exercise of discretion required of public officers in the discharge of their duties.” ( , 233 n. 1 (Minn.1988)).
- Mitchell v. Steffen 487 N.W.2d 896 Minn. Ct. App. 1992
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Mitchell v. Steffen
487 N.W.2d 896
Minn. Ct. App. 1992
(state’s unamenability to suit under § 1983 not dis-positive of whether action may be brought under any common law theory).
- Pletan v. Gaines 481 N.W.2d 566 Minn. Ct. App. 1992
- Pletan v. Gaines 481 N.W.2d 566 Minn. Ct. App. 1992