South Dakota Statutes
§ 21-32A-3 — Immunity of public entities--Affirmative defense.
South Dakota § 21-32A-3
This text of South Dakota § 21-32A-3 (Immunity of public entities--Affirmative defense.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 21-32A-3 (2026).
Text
Except insofar as a public entity participates in a risk sharing pool or insurance is purchased pursuant to § 21-32A-1 , any public entity is immune from liability for damages whether the function in which it is involved is governmental or proprietary. The immunity recognized herein may be raised by way of affirmative defense.
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Related
Bego v. Gordon
407 N.W.2d 801 (South Dakota Supreme Court, 1987)
Gasper v. Freidel
450 N.W.2d 226 (South Dakota Supreme Court, 1990)
Cromwell v. Rapid City Police Department
2001 SD 100 (South Dakota Supreme Court, 2001)
Elkjer v. City of Rapid City
2005 SD 45 (South Dakota Supreme Court, 2005)
Gabriel v. Bauman
2014 SD 30 (South Dakota Supreme Court, 2014)
Unruh v. Davison County
2008 SD 9 (South Dakota Supreme Court, 2008)
Aune v. B-Y Water District
464 N.W.2d 1 (South Dakota Supreme Court, 1990)
Olesen v. Town (City) of Hurley
2004 SD 136 (South Dakota Supreme Court, 2004)
Rosane v. Shannon County School District 65-1
953 F. Supp. 2d 1020 (D. South Dakota, 2013)
Black Bear v. Wickre
(D. South Dakota, 2025)
Rowe v. Rowe
2025 S.D. 40 (South Dakota Supreme Court, 2025)
Legislative History
SL 1986, ch 175, § 3; SL 1987, ch 163, § 3.
Nearby Sections
15
§ 21-1-11
Repealed§ 21-1-13
Repealed§ 21-1-13.2
Application of interest statutes.§ 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award.§ 21-1-15
Definitions.§ 21-1-3
Damages to be reasonable.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 21-32A-3, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-32A-3.