Henderson v. Board of Montgomery County Comm'rs

No. 120,369 IN THE COURT OF APPEALS OF THE STATE OF KANSAS DAVID HENDERSON, Appellant, v. MONTGOMERY COUNTY BOARD OF COMMISSIONERS and DEPUTY MICHAEL GRIMES, Appellees. SYLLABUS BY THE COURT 1. The Kansas Tort Claims Act provides that "each governmental entity shall be liable for damages caused by the negligent or wrongful act or omission of any of its employees while acting within the scope of their employment." K.S.A. 75-6103(a). Under the Kansas Tort Claims Act, governmental liability is the rule and immunity the exception. The burden is on the governmental entity to establish immunity…