Justice Stephen Breyer wrote for the majority, " reveals nothing special enough about the job . . . that would warrant providing these private prison guards with a governmental immunity ."
22.
As for the Port Authority, which owns the World Trade Center property, the judge said it " has not shown that it will prove its defense of governmental immunity ."
23.
In so far as the US Postal Service is a governmentally authorized entity its agents probably have a species of governmental immunity . talk ) 04 : 23, 22 June 2012 ( UTC)
24.
Prior to " Baxter ", the leading case on derivative governmental immunity in Australia was the 1979 High Court judgment in " Bradken Consolidated Ltd v Broken Hill Pty Co Ltd ".
25.
He said the Port Authority, which owns the World Trade Center property, " has not shown that it will prove its defense of governmental immunity as to negligence allegations made by WTC occupants ."
26.
He also said the Port Authority, which owns the World Trade Center property, " has not shown that it will prove its defense of governmental immunity as to negligence allegations made by WTC occupants ."
27.
On August 29, 2012, Bybee, who previously wrote the dissent in a three-judge panel's ruling, authored the majority opinion that found Sheriff Joe Arpaio and special prosecutor Dennis Wilenchik were not entitled to governmental immunity.
28.
The Court applied the converse of the " implied inter-governmental immunities " to protect the States from legislative or executive action by the Commonwealth which " would fetter, control, or interfere with, the free exercise " of the legislative or executive power of the States.
29.
In determining the scope of whether governmental immunity from a statutory provision extends to a party dealing with the government, the judgment adopted the following position of Justice Kitto, then dissenting, in the 1955 High Court case of " Wynyard Investments v Commissioner for Railways ( NSW ) ":
30.
In his 49-page ruling, U . S . District Judge Alvin Hellerstein said the Port Authority of New York and New Jersey, which owns the World Trade Center property, " has not shown that it will prove its defense of governmental immunity as to negligence allegations made by WTC occupants ."
