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Home » US Law » 2022 Arizona Revised Statutes » Title 12 - Courts and Civil Proceedings » Article 2 - Actions Against Public Entities or Public Employees

§ 12-820 – Definitions

12-820. Definitions In this article, unless the context otherwise requires: 1. " Employee" includes an officer, director, employee or servant, whether or not compensated or part time, who is authorized to perform any act or service, except that employee does not include an independent contractor. Employee includes noncompensated members of advisory boards appointed as provided […]

§ 12-820.01 – Absolute immunity

12-820.01. Absolute immunity A. A public entity shall not be liable for acts and omissions of its employees constituting either of the following: 1. The exercise of a judicial or legislative function. 2. The exercise of an administrative function involving the determination of fundamental governmental policy. B. The determination of a fundamental governmental policy involves […]

§ 12-820.02 – Qualified immunity

12-820.02. Qualified immunity A. Unless a public employee acting within the scope of the public employee’s employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for: 1. The failure to make an arrest or the failure to retain an arrested person in custody. 2. An […]

§ 12-820.03 – Affirmative defense; resolution by trial

12-820.03. Affirmative defense; resolution by trial A. A public entity or a public employee is not liable for an injury arising out of a plan or design for construction or maintenance of or improvement to transportation facilities, including highways, roads, streets, bridges or rights-of-way, if the plan or design is prepared in conformance with generally […]

§ 12-820.05 – Other immunities

12-820.05. Other immunities A. Except as specifically provided in this article, this article does not affect, alter or otherwise modify any other rules of tort immunity regarding public entities and public officers as developed at common law and as established under the statutes and the constitution of this state. B. A public entity is not […]

§ 12-820.08 – Potable water systems; standard of care

12-820.08. Potable water systems; standard of care With regard to actions for personal injury arising out of the use or consumption of water, water shall be deemed reasonably safe and fit for consumption and use if it complies with the more stringent of the primary maximum contaminant levels that are established either pursuant to title […]

§ 12-820.09 – Transportation, distribution or use of remediated water; definitions

12-820.09. Transportation, distribution or use of remediated water; definitions A. For a personal injury or property damage action that arises out of the transportation, distribution or use of remediated water, remediated water is deemed reasonably safe and fit for consumption and use and the provider or user is deemed to have acted reasonably if any […]

§ 12-822 – Change of venue

12-822. Change of venue A. Service of summons in an action against any public entity or public employee involving acts that are alleged to have occurred within the scope of the public employee’s employment shall be made pursuant to Arizona rules of civil procedure. B. In an action against this state upon written demand of […]

§ 12-823 – Judgment for plaintiff; amount; interest and costs

12-823. Judgment for plaintiff; amount; interest and costs If judgment is rendered for the plaintiff, it shall be for the amount actually due from the public entity to the plaintiff, with legal interest thereon from the time the obligation accrued and with court costs.

§ 12-826 – Report of judgments to legislature by governor; payment

12-826. Report of judgments to legislature by governor; payment A. The governor shall report to the legislature at each session judgments rendered against the state, and not theretofore reported. B. The director of the department of administration shall draw his warrant for payment of the judgment upon presentation to him of an authenticated copy of […]