Cited by
Opinions in Minnesota that cite Pletan v. Gaines, 494 N.W.2d 38.
- Fedke v. City of Chaska 685 N.W.2d 725 Minn. Ct. App. 2004
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Fedke v. City of Chaska
685 N.W.2d 725
Minn. Ct. App. 2004
-43 (Minn.1992) (holding that official immunity extends vicariously to city because police officer’s decision to engage in car chase and to continue chase involves weighing of many factors, and failing to extend immunity may cause police officers to decline to engage in pursuit when pursuit is indicated).
- Anderson v. Anoka Hennepin Independent School District 11 678 N.W.2d 651 Minn. 2004
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Anderson v. Anoka Hennepin Independent School District 11
678 N.W.2d 651
Minn. 2004
(citing Northernaire Productions, Inc. v. County of Crow Wing, 309 Minn. 386, 390 , aff ''d, Koderick v. Snyder Brothers Drug, Inc., overruled by Kaiser v. Memo
- Bailey v. City of St. Paul 678 N.W.2d 697 Minn. Ct. App. 2004
- Bailey v. City of St. Paul 678 N.W.2d 697 Minn. Ct. App. 2004
- Sletten v. Ramsey County 675 N.W.2d 291 Minn. 2004
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Sletten v. Ramsey County
675 N.W.2d 291
Minn. 2004
(granting vicarious official immunity to county because to grant immunity to a county social worker but deny vicarious official immunity would deter county social worker’s performance by focusing “stifling attention” on the social worker’s performance “to the serious detriment of that performance”); -42 (Minn.1992) (noting that vicarious official immunity is often impliedly granted when there is official immunity but that our cases have suggested that vicarious official immunity does not necessa
- Podruch v. State, Department of Public Safety 674 N.W.2d 252 Minn. Ct. App. 2004
- Podruch v. State, Department of Public Safety 674 N.W.2d 252 Minn. Ct. App. 2004
- Olmanson v. Le Sueur County 673 N.W.2d 506 Minn. Ct. App. 2004
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Olmanson v. Le Sueur County
673 N.W.2d 506
Minn. Ct. App. 2004
Riedel v. Goodwin, N.W.2d 753, 758 (Minn.App.1998), review denied (Minn. Apr.
- Fear v. Independent School District 911 634 N.W.2d 204 Minn. Ct. App. 2001
- Fear v. Independent School District 911 634 N.W.2d 204 Minn. Ct. App. 2001
- Nelson v. Wrecker Services, Inc. 622 N.W.2d 399 Minn. Ct. App. 2001
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Nelson v. Wrecker Services, Inc.
622 N.W.2d 399
Minn. Ct. App. 2001
(describing official immunity as a common-law doctrine that protects government officials from liability for discretionary acts taken in the course of their official duties).
- Kelly v. City of Minneapolis 598 N.W.2d 657 Minn. 1999
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Kelly v. City of Minneapolis
598 N.W.2d 657
Minn. 1999
e.g., Elwood, d at 678-79 (entering home and detaining suspects are the kind of actions meant to be protected by official immunity); (shooting tires of fleeing vehicle and handcuffing suspect “classic case of that type of exercise of discretion giving rise to official immunity” even if the actions constituted a battery); (decision to engage in high-speed chase of criminal suspect discretionary action entitled to official immunity), official immunity “is not intended to shield police brutality.”
- Fisher v. County of Rock 596 N.W.2d 646 Minn. 1999
- Fisher v. County of Rock 596 N.W.2d 646 Minn. 1999
- S.W. v. Spring Lake Park School District No. 16 592 N.W.2d 870 Minn. Ct. App. 1999
- S.W. v. Spring Lake Park School District No. 16 592 N.W.2d 870 Minn. Ct. App. 1999
- Doe v. Park Center High School 592 N.W.2d 131 Minn. Ct. App. 1999
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Doe v. Park Center High School
592 N.W.2d 131
Minn. Ct. App. 1999
The distinction between “making” and “implementing” policy may be difficult but, because the implementation naturally has consequences, discretionary immunity “would afford little comfort if it did not extend to some of the consequences of the policy itself.”
- Bloss v. University of Minnesota Board of Regents 590 N.W.2d 661 Minn. Ct. App. 1999
- Bloss v. University of Minnesota Board of Regents 590 N.W.2d 661 Minn. Ct. App. 1999
- Kelly v. City of Minneapolis 581 N.W.2d 372 Minn. Ct. App. 1998
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Kelly v. City of Minneapolis
581 N.W.2d 372
Minn. Ct. App. 1998
Official immunity protects actions “exercised on an operational rather than a policymaking level, and it requires something more than the performance of ‘ministerial’ duties.”
- Kari v. City of Maplewood 582 N.W.2d 921 Minn. 1998
- Kari v. City of Maplewood 582 N.W.2d 921 Minn. 1998
- Gleason v. Metropolitan Council Transit Operations 582 N.W.2d 216 Minn. 1998
- Gleason v. Metropolitan Council Transit Operations 582 N.W.2d 216 Minn. 1998
- Wiederholt v. City of Minneapolis 581 N.W.2d 312 Minn. 1998
- Wiederholt v. City of Minneapolis 581 N.W.2d 312 Minn. 1998
- S.W. v. Spring Lake Park School District No. 16 580 N.W.2d 19 Minn. 1998
- S.W. v. Spring Lake Park School District No. 16 580 N.W.2d 19 Minn. 1998
- Gerber v. Neveaux 578 N.W.2d 399 Minn. Ct. App. 1998
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Gerber v. Neveaux
578 N.W.2d 399
Minn. Ct. App. 1998
“A court reviewing immunity issues must examine with particularity the nature of the conduct the plaintiff alleges as the basis of a negligence claim.” Watson, d at 411 ().
- Angell v. Hennepin County Regional Rail Authority 578 N.W.2d 343 Minn. 1998
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Angell v. Hennepin County Regional Rail Authority
578 N.W.2d 343
Minn. 1998
The distinction between policy-making activities and operational activities may involve “gray areas, [but] the underlying consideration is ^whether the conduct involves the balancing of public policy considerations in the formulation of policy.’ ” -44 (Minn.1992) (quoting Holmquist, d at 232 ).
- Riedel v. Goodwin 574 N.W.2d 753 Minn. Ct. App. 1998
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Riedel v. Goodwin
574 N.W.2d 753
Minn. Ct. App. 1998
(holding plaintiffs attack on bus company’s security and training provisions was attack on protected policy decision); (holding that where complaint was centered on school’s policy of making children responsible for boarding bus, plaintiff was asking court to reexamine protected planning decision).
- Gleason v. Metropolitan Council Transit Operations 563 N.W.2d 309 Minn. Ct. App. 1997
- Norton v. County of Le Sueur 565 N.W.2d 447 Minn. Ct. App. 1997
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Norton v. County of Le Sueur
565 N.W.2d 447
Minn. Ct. App. 1997
(-44 (Minn.1992), and Nusbaum, d at 719-20 ).
- Terwilliger v. Hennepin County 561 N.W.2d 909 Minn. 1997
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Terwilliger v. Hennepin County
561 N.W.2d 909
Minn. 1997
Official immunity protects “a public official charged by law with duties which call for the exercise of his judgment or discretion” from personal liability for damages “unless he is guilty of a willful or malicious wrong.” (citation omitted)
- In Re Alexandria Accident of February 8, 1994 561 N.W.2d 543 Minn. Ct. App. 1997
- In Re Alexandria Accident of February 8, 1994 561 N.W.2d 543 Minn. Ct. App. 1997
- Davis v. Hennepin County 559 N.W.2d 117 Minn. Ct. App. 1997