Immunity of governmental entity or employee
Sec. 3. A governmental entity or an employee acting within the
scope of the employee's employment is not liable if a loss results
from the following:
(1) The natural condition of unimproved property.
(2) The condition of a reservoir, dam, canal, conduit, drain, or
similar structure when used by a person for a purpose that is not
foreseeable.
(3) The temporary condition of a public thoroughfare or
extreme sport area that results from weather.
(4) The condition of an unpaved road, trail, or footpath, the
purpose of which is to provide access to a recreation or scenic
area.
(5) The design, construction, control, operation, or normal
condition of an extreme sport area, if all entrances to the
extreme sport area are marked with:
(A) a set of rules governing the use of the extreme sport
area;
(B) a warning concerning the hazards and dangers associated
with the use of the extreme sport area; and
(C) a statement that the extreme sport area may be used only
by persons operating extreme sport equipment.
This subdivision shall not be construed to relieve a
governmental entity from liability for the continuing duty to
maintain extreme sports areas in a reasonably safe condition.
(6) The initiation of a judicial or an administrative proceeding.
(7) The performance of a discretionary function; however, the
provision of medical or optical care as provided in IC 34-6-2-38
shall be considered as a ministerial act.
(8) The adoption and enforcement of or failure to adopt or
enforce a law (including rules and regulations), unless the act
of enforcement constitutes false arrest or false imprisonment.
(9) An act or omission performed in good faith and without
malice under the apparent authority of a statute which is invalid
if the employee would not have been liable had the statute been
valid.
(10) The act or omission of anyone other than the governmental
entity or the governmental entity's employee.
(11) The issuance, denial, suspension, or revocation of, or
failure or refusal to issue, deny, suspend, or revoke any permit,
license, certificate, approval, order, or similar authorization,
where the authority is discretionary under the law.
(12) Failure to make an inspection, or making an inadequate or
negligent inspection, of any property, other than the property of
a governmental entity, to determine whether the property
complied with or violates any law or contains a hazard to health
or safety.
(13) Entry upon any property where the entry is expressly or
impliedly authorized by law.
(14) Misrepresentation if unintentional.
(15) Theft by another person of money in the employee's
official custody, unless the loss was sustained because of the
employee's own negligent or wrongful act or omission.
(16) Injury to the property of a person under the jurisdiction and
control of the department of correction if the person has not
exhausted the administrative remedies and procedures provided
by section 7 of this chapter.
(17) Injury to the person or property of a person under
supervision of a governmental entity and who is:
(A) on probation; or
(B) assigned to an alcohol and drug services program under
IC 12-23, a minimum security release program under
IC 11-10-8, a pretrial conditional release program under
IC 35-33-8, or a community corrections program under
IC 11-12.
(18) Design of a highway (as defined in IC 9-13-2-73) if the
claimed loss occurs at least twenty (20) years after the public
highway was designed or substantially redesigned; except that
this subdivision shall not be construed to relieve a responsible
governmental entity from the continuing duty to provide and
maintain public highways in a reasonably safe condition.
(19) Development, adoption, implementation, operation,
maintenance, or use of an enhanced emergency communication
system.
(20) Injury to a student or a student's property by an employee
of a school corporation if the employee is acting reasonably
under a discipline policy adopted under IC 20-33-8-7(b).
(21) An error resulting from or caused by a failure to recognize
the year 1999, 2000, or a subsequent year, including an
incorrect date or incorrect mechanical or electronic
interpretation of a date, that is produced, calculated, or
generated by:
(A) a computer;
(B) an information system; or
(C) equipment using microchips;
that is owned or operated by a governmental entity. However,
this subdivision does not apply to acts or omissions amounting
to gross negligence, willful or wanton misconduct, or
intentional misconduct. For purposes of this subdivision,
evidence of gross negligence may be established by a party by
showing failure of a governmental entity to undertake an effort
to review, analyze, remediate, and test its electronic information
systems or by showing failure of a governmental entity to abate,
upon notice, an electronic information system error that caused
damage or loss. However, this subdivision expires June 30,
2003.
(22) An act or omission performed in good faith under the
apparent authority of a court order described in IC 35-46-1-15.1
that is invalid, including an arrest or imprisonment related to the
enforcement of the court order, if the governmental entity or
employee would not have been liable had the court order been
valid.
(23) An act taken to investigate or remediate hazardous
substances, petroleum, or other pollutants associated with a
brownfield (as defined in IC 13-11-2-19.3) unless:
(A) the loss is a result of reckless conduct; or
(B) the governmental entity was responsible for the initial
placement of the hazardous substances, petroleum, or other
pollutants on the brownfield.
As added by P.L.1-1998, SEC.8. Amended by P.L.142-1999, SEC.2;
P.L.250-2001, SEC.6; P.L.280-2001, SEC.42; P.L.1-2002, SEC.144;
P.L.161-2003, SEC.5; P.L.1-2005, SEC.218; P.L.208-2005, SEC.14.
Last modified: May 24, 2006