2005 Idaho Code - 6-904 — EXCEPTIONS TO GOVERNMENTAL LIABILITY

                                   TITLE  6
                         ACTIONS IN PARTICULAR CASES
                                  CHAPTER 9
                             TORT CLAIMS AGAINST
                            GOVERNMENTAL ENTITIES
    6-904.  EXCEPTIONS TO GOVERNMENTAL LIABILITY. A governmental entity and
its employees while acting within the course and scope of their employment and
without malice or criminal intent shall not be liable for any claim which:
    1.  Arises out of any act or omission of an employee of the governmental
entity exercising ordinary care, in reliance upon or the execution or
performance of a statutory or regulatory function, whether or not the statute
or regulation be valid, or based upon the exercise or performance or the
failure to exercise or perform a discretionary function or duty on the part of
a governmental entity or employee thereof, whether or not the discretion be
abused.
    2.  Arises out of the imposition or establishment of a quarantine by a
governmental entity, whether such quarantine relates to persons or property.
    3.  Arises out of assault, battery, false imprisonment, false arrest,
malicious prosecution, abuse of process, libel, slander, misrepresentation,
deceit, or interference with contract rights.
    4.  Arises out of the activities of the Idaho national guard when engaged
in training or duty under sections 316, 502, 503, 504, 505 or 709, title 32,
United States Code.
    5.  Arises out of the activities of the Idaho national guard when engaged
in combatant activities during a time of war.
    6.  Arises out of or results from riots, unlawful assemblies, public
demonstrations, mob violence or civil disturbances.
    7.  Arises out of a plan or design for construction or improvement to the
highways, roads, streets, bridges, or other public property where such plan or
design is prepared in substantial conformance with engineering or design
standards in effect at the time of preparation of the plan or design or
approved in advance of the construction by the legislative body of the
governmental entity or by some other body or administrative agency, exercising
discretion by authority to give such approval.