Immunity Laws Provide Substantial Legal Protections for Public Institutions—But Watch Out for the Exceptions
Author: Ralph Gerstein.; Lois Gerstein.
Source: Volume 16, Number 04, Summer 2015 , pp.79-83(5)
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Abstract:
If a student or a university staff member is injured as a result of a university-based activity, the first question is not whether the institution was negligent or intended the harm to occur, but whether the institution can be sued at all. Like many government entities, colleges and universities enjoy legally protected immunity from certain kinds of liability. Some states have been more liberal than others in waiving these special protections, however: this article surveys a range of cases that do and do not qualify for immunity and examines how different states make lawsuits against institutions and their employees more or less difficult to pursue.Keywords: State immunity from litigation; 42 U.S.C. Sec. 1983; Public-Duty Doctrine; Pew v. Michigan State University; Proprietary Functions and Governmental Functions
Affiliations:
1: Editor; 2: Co-Editor.