Legal Opinion

Polley v. Atwell

Supreme Judicial Court of Maine

Decided October 17, 1990PublishedCited by 43 opinions

1Opinion of the Court

GLASSMAN, Justice.

The defendant, Lucille Atwell, appeals from the order of the Superior Court (Penobscot County, Browne, A.R.J.), denying her motion for a summary judgment based on the ground that the Maine Tort Claims Act (“the Act”), 14 M.R.S.A. §§ 8101-8118 (1981 & Supp.1989), afforded her discretionary function immunity from all counts alleged in the action for damages brought against her by the plaintiffs, Robert and Ada Polley. We hold that the Act afforded Atwell the claimed immunity and accordingly modify the judgment.

At the time Atwell, a substitute care caseworker for the Department…

2Cases cited11 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Trianon Park Condominium v. City of HialeahSupreme Court of Florida · 1985
  3. Evangelical United Brethren Church v. StateWashington Supreme Court · 1965
  4. Darling v. Augusta Mental Health InstituteSupreme Judicial Court of Maine · 1987
  5. Miller v. SzelenyiSupreme Judicial Court of Maine · 1988

6 more not listed; retrieve them via the Exa API.

3Cited by43 opinions

  1. Bowen v. Department of Human ServicesSupreme Judicial Court of Maine · 1992
  2. Jenness v. NickersonSupreme Judicial Court of Maine · 1994
  3. Comfort v. Town of PittsfieldDistrict Court, D. Maine · 1996
  4. Richards v. Town of EliotSupreme Judicial Court of Maine · 2001
  5. Gomes v. University of Maine SystemDistrict Court, D. Maine · 2004

38 more not listed; retrieve them via the Exa API.

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