Terms Used In Arizona Laws 12-820.02

  • Arrest: Taking physical custody of a person by lawful authority.
  • Contract: A legal written agreement that becomes binding when signed.
  • 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. See Arizona Laws 12-820
  • Injury: means death, injury to a person, damage to or loss of property or any other injury that a person may suffer that would be actionable if inflicted by a private person. See Arizona Laws 12-820
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Prisoner: means a person incarcerated while awaiting sentence or while serving a sentence imposed by a court of law. See Arizona Laws 12-820
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Public employee: means an employee of a public entity. See Arizona Laws 12-820
  • Public entity: includes this state and any political subdivision of this state. See Arizona Laws 12-820
  • State: means this state and any state agency, board, commission or department. See Arizona Laws 12-820

(L16, Ch. 178, sec. 1.  Eff. until 7/1/23)

 

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 injury caused by an escaping or escaped prisoner or a youth committed to the department of juvenile corrections.

3. An injury resulting from the probation, community supervision or discharge of a prisoner or a youth committed to the department of juvenile corrections, from the terms and conditions of the prisoner’s or youth’s probation or community supervision or from the revocation of the prisoner’s or youth’s probation, community supervision or conditional release under the psychiatric security review board.

4. An injury caused by a prisoner to any other prisoner or an injury caused by a youth committed to the department of juvenile corrections to any other committed youth.

5. The issuance of or failure to revoke or suspend any permit, license, certificate, approval, order or similar authorization for which absolute immunity is not provided pursuant to Section 12-820.01.

6. The failure to discover violations of any provision of law when inspections are done of property other than property owned by the public entity in question.

7. An injury to the driver of a motor vehicle that is attributable to the violation by the driver of section 28-693, 28-1381 or 28-1382.

8. The failure to prevent the sale or transfer of a handgun to a person whose receipt or possession of the handgun is unlawful under any federal law or any law of this state.

9. Preventing the sale or transfer of a handgun to a person who may lawfully receive or possess a handgun.

10. The failure to detain a juvenile taken into temporary custody or arrested for a criminal offense or delinquent or incorrigible act in the appropriate detention facility, jail or lockup described in section 8-305.

11. An injury caused by a peace officer if the injury was caused by any act or omission while rendering emergency care at the scene of an emergency occurrence.

B. The qualified immunity provided in this section applies to a public entity or public employee if the injury or damage was caused by a contractor’s employee or a contractor of a public entity acting within the scope of the contract. The qualified immunity provided in this section does not apply to the contractor or the contractor’s employee.