The Oklahoma Bar Journal November 2022

Claim relating to the place ment of children Discretionary powers or functions Court-ordered community sentence Governmental actions that fall into these areas, even if considered tortious or injurious to others, are still shielded by sovereign immu nity due to the specific exemp tions from liability in these areas contained in the OGTCA. The second general category of exemptions, police – military , recognizes that there are certain circumstances where the police, fire departments and military need to be able to act and react without exposure to civil liability. The exemptions are outlined as follows: or the failure to provide, or the method of providing, police, law enforcement or fire protection Express or implied lawful entry onto any property Operations at any correc tional or incarceration facility Tortious conduct related to any court-ordered or administered work release program Activities administered by Civil disobedience, riot, insurrection or rebellion

Governmental actions that fall into these areas, even if considered tortious or injurious to others, are still shielded by sovereign immu nity due to the specific exemp tions from liability in these areas contained in the OGTCA. The transportation – weather cat egory of exemptions from liability recognizes a very practical consid eration of not holding a govern mental entity liable for weather conditions over which the govern ment has no control, or whether to initially construct a particu lar roadway or public work, or whether to initially place a traffic control device at a particular loca tion, or from roadway defects for which the governmental entity has no notice and a reasonable time to either correct the problem or warn of the potentially hazardous condi tion. There is also a special exemp tion for state highways whose condition remains unchanged since 1985. These exemptions include: Accidents or events occurring on public ways or in public places due to weather condi tions (snow or ice or flooding)

Claims or losses resulting from the maintenance of state highways Claims or losses relating to the operation or non- operation of traffic signs and signals, unless failure to correct within a reason able time after notice The initial placement, alter ation or change of traffic signs or signals, based on the fact that such decisions are discretionary

Actions or recoveries against the Oklahoma

Transportation Commission from pre-existing defects or dangerous conditions, whether known or unknown, from the effective date of the act (Oct. 1, 1985) (§155.1)

the Military Department of the state during a riot, national disaster or military attack operation or maintenance of any juvenile detention facility or injuries resulting from the escape of a juve nile detainee or injuries by a juvenile detainee to any other juvenile detainee

Provision, equipping,

Governmental actions that fall into these areas, even if considered tortious or injurious to others, are still shielded by sovereign immu nity due to the specific exemp tions from liability in these areas contained in the OGTCA. The next set of exemptions was categorized as miscellaneous , as they

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THE OKLAHOMA BAR JOURNAL