Sentence examples for discretionary functions from inspiring English sources

However, officials performing discretionary functions can receive qualified immunity from liability for unlawful conduct if they reasonably might not have known their conduct would violate a right or a law.

The paradox is that the leftover spending, the so-called domestic discretionary functions, is what most Americans tend to think of as "government": border cops, college loans, cancer research, air-traffic controllers, inspectors who make sure the food on the shelves won't poison us, the construction crews that expand highways gripped by gridlock.

In some jurisdictions, state employees undertaking certain duties (e.g. training, emergency and some discretionary functions that involve the provision of urgent assistance to people who are injured, ill or in danger) may be given a degree of immunity from civil claims and/or immunity from criminal prosecution.

As described in Harlow vs Fitzgerald, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known".

"The Federal Tort Claims Act and the "Discretionary Function" Exception" by Fleming James Jr.

The Federal Tort Claims Act of 1946 reflects this policy distinction; in it, Congress waived sovereign immunity for certain damages claims, but pointedly excepted any "discretionary function or duty..

They seem to prefer opaque and, therefore discretionary, functioning and do not want to be questioned on their sources of funds or how they are spent.

6 Although its discussion was restricted solely to the discretionary function exception to the Act, Congress must have accepted the rulings relating to the issues here involved as in accord with its understanding of the Tort Claims Act.

Such discretion cannot be given; Congress removed it in 1980 when it amended the Immigration Act to make mandatory ("shall not deport or return") what had been a discretionary function ("The Attorney General is authorized to withhold deportation").

Instead, the three-judge panel on Monday withdrew the earlier decision and substituted a new one that cited the "discretionary-function exception" to the tort claims act.

But the rules have not stopped criticism that the pool of discretionary grants functions as a tool for reward and punishment for Ms. Quinn.