Wyoming § 1-39-104 Granting immunity from tort liability; liability
on contracts; exceptions

Wyoming Statutes

§ 1-39-104 — Granting immunity from tort liability; liability on contracts; exceptions

Wyoming § 1-39-104

Title 01Civil Procedure

Ch. 39GOVERNMENTAL CLAIMS

This text of Wyoming § 1-39-104 (Granting immunity from tort liability; liability on contracts; exceptions) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 1-39-104 (2026).

Text

(a)A governmental entity and its public employees while acting within the scope of duties are granted immunity from liability for any tort except as provided by W.S. 1-39-105 through 1-39-112 and 1-39-122 through 1-39-124. Any immunity in actions based on a contract entered into by a governmental entity is waived except to the extent provided by the contract if the contract was within the powers granted to the entity and was properly executed and except as provided in W.S. 1-39- 120(b). The claims procedures of W.S. 1-39-113 apply to contractual claims against governmental entities.

(b)When liability is alleged against any public employee, if the governmental entity determines he was acting within the scope of his duty, whether or not alleged to have been committed maliciously or fraudul

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A governmental entity and its public employees while
acting within the scope of duties are granted immunity from
liability for any tort except as provided by W.S. 1-39-105
through 1-39-112 and 1-39-122 through 1-39-124. Any immunity in
actions based on a contract entered into by a governmental
entity is waived except to the extent provided by the contract
if the contract was within the powers granted to the entity and
was properly executed and except as provided in W.S. 1-39-
120(b). The claims procedures of W.S. 1-39-113 apply to
contractual claims against governmental entities.
(b) When liability is alleged against any public employee,
if the governmental entity determines he was acting within the
scope of his duty, whether or not alleged to have been committed
maliciously or fraudulently, the governmental entity shall
provide a defense at its expense.
(c) A governmental entity shall assume and pay a judgment
entered under this act against any of its public employees,
provided:
(i) The act or omission upon which the claim is based
has been determined by a court or jury to be within the public
employee's scope of duties;
(ii) The payment for the judgment shall not exceed
the limits provided by W.S. 1-39-118; and
(iii) All appropriate appeals from the judgment have
been exhausted or the time has expired when appeals may be
taken.
(d) A governmental entity shall assume and pay settlements
of claims under this act against its public employees in
accordance with W.S. 1-39-115, 1-41-106 or 1-42-204.