NV Revised Statute § 41.032 (2026) – Acts or omissions of officers, employees and immune contractors.
The exceptions to Nevada's waiver of immunity. No claim lies against a state or local officer, employee or immune contractor for exercising due care under a statute or for a discretionary function.
Statutory Text
Except as provided in NRS 278.0233 no action may be brought under NRS 41.031 or against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions which is:
1. Based upon an act or omission of an officer, employee or immune contractor, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation is valid, if the statute or regulation has not been declared invalid by a court of competent jurisdiction; or
2. Based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of the State or any of its agencies or political subdivisions or of any officer, employee or immune contractor of any of these, whether or not the discretion involved is abused.
(Added to NRS by 1965, 1413; A 1967, 992; 1977, 1536; 1983, 2100; 1987, 540)
NV Rev Stat § 41.032 – Last Verified March 2026
Plain English Explanation
NRS 41.032 is a Nevada law that protects government workers and certain contractors from being sued in specific situations. In simple terms, it sets boundaries on when you can sue a state or local government employee for something they did at work. Those boundaries are what make a public bus crash claim harder than a claim against a private driver.
The law covers two main situations where a lawsuit is not allowed.
The first situation involves a government worker who carefully follows a law or regulation while doing their job. Even if that law later turns out to be flawed or unfair, the worker cannot be sued for following it as long as no court has officially declared that law invalid. The key word here is “due care,” meaning the employee wasn’t being reckless or careless.
The second situation is a bit broader. It protects government employees, agencies, and certain contractors when they are making judgment calls. Some jobs require people to weigh options and make decisions based on their own expertise or authority. This is called a discretionary function. Nevada law says you generally cannot sue someone for how they exercised that kind of judgment, even if you think they made the wrong call.
This protection exists because government workers often have to make tough decisions with limited information and real consequences. If every decision could result in a lawsuit, it would make it nearly impossible for public servants to do their jobs effectively.
It is worth noting that this law does have an exception. NRS 278.0233 outlines a specific circumstance where these protections do not apply, so the shield is not unlimited.
Frequently Asked Questions About NRS 41.032
Can I sue a Nevada government employee for making a bad decision?
It depends on the type of decision. If the government employee was making a judgment call that falls within their official authority, Nevada law generally protects them from being sued. This is known as discretionary immunity. However, if the employee acted outside the scope of their duties or was grossly negligent in a way that goes beyond a simple judgment call, there may be grounds for legal action under other statutes.
What does “discretionary function” mean under NRS 41.032?
A discretionary function is a decision or action that requires a government worker to use their own judgment rather than follow a strict set of rules. Think of a city planner deciding how to zone a piece of land or a state agency choosing how to allocate resources. These are choices that involve weighing options, and the law protects those kinds of decisions even when others disagree with the outcome.
Does NRS 41.032 protect government contractors too?
Yes, but only certain ones. The law refers to “immune contractors,” which are private contractors working on behalf of the government under specific conditions that qualify them for the same legal protections given to government employees. Not every contractor automatically receives this protection.
What happens if a government worker follows a law that turns out to be invalid?
As long as the worker followed the law carefully and no court had officially struck down that law at the time, they are still protected under NRS 41.032. The employee is not expected to predict whether a law will later be ruled unconstitutional or invalid.
Are there any exceptions to the protections in NRS 41.032?
Yes. NRS 278.0233 creates a specific exception to these protections. That statute deals with land use and planning decisions, meaning that in certain situations involving those matters, the immunity granted by NRS 41.032 does not apply and a lawsuit may be permitted.
General information about Nevada law, current as of publication. It is not legal advice for your situation, and deadlines and exceptions turn on the facts of a specific matter.
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