Legal Opinion
Nguyen v. State
Supreme Court of Oklahoma
Decided March 13, 1990No. 71844PublishedCited by 51 opinions
1Opinion of the Court
ALMA WILSON, Justice:
Today we address and resolve an issue of first impression. Is the State’s decision to release a mental patient a discretionary function within the meaning of Oklahoma’s Governmental Tort Claims Act, 51 O.S.Supp.1989, § 155(5)1 resulting in immunity from liability for injuries subsequently caused by the mental patient? We hold that the decision to release a mental patient is not a discretionary function within the meaning of the discretionary exemption to Oklahoma’s waiver of immunity.
This suit arises from the senseless killing of appellant’s 18-year-old son committed by…
2Cases cited11 opinions
- Dalehite v. United StatesSupreme Court of the United States · 1953
- Petersen v. StateWashington Supreme Court · 1983
- Vanderpool v. StateSupreme Court of Oklahoma · 1983
- Lipari v. Sears, Roebuck & Co.District Court, D. Nebraska · 1980
- Swanson v. United StatesDistrict Court, N.D. California · 1964
6 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Martinez v. MaruszczakNevada Supreme Court · 2007
- Wofford v. Eastern State HospitalSupreme Court of Oklahoma · 1990
- Ricky Houston v. Allen Reich, Harold Dean McHam the Excise Board of Choctaw County, Oklahoma, and the City of Hugo, OklahomaCourt of Appeals for the Tenth Circuit · 1991
- Barrios v. Haskell Cnty. Pub. Facilities Auth.Supreme Court of Oklahoma · 2018
- SMITH v. CITY OF STILLWATERSupreme Court of Oklahoma · 2014
46 more not listed; retrieve them via the Exa API.