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.
S.D. Codified Laws § 21-32A-3
Immunity of public entities--Affirmative defense
Applied in 10 court decisions — leading case Bego v. Gordon (1987)
Most recently applied in Rowe v. Rowe (July 2025)
Source: SL 1986, ch 175, § 3; SL 1987, ch 163, § 3.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.