Chapter 11
Scope of employment-Factors that are considered when deciding if agency official acted within scope of employment
-Act commonly done in business? -Time, place, and purpose of the act? -Employer authorized this type of act?
Federal Tort Claims Act (FTCA)-What are examples of intentional torts?
-Assault -Battery -False imprisonmen t-False arrest -Malicious prosecution -Abuse of process
Civil Rights actions under 42 USC 1983
-Commonly called "1983 actions" -Used to file lawsuits to enforce constitutional rights -STATE official must be acting "under color of law" which means on behalf of the state -Both sides (the complaining person and the STATE) have a right to a jury trial
Accountability through Liability-cons
-Revenues are derived from the people (taxes, user fees, license fees) - Limited resourcesBroader government liability could jeopardize the ability to deliver services
Difference between "official" capacity and "individual" capacity
-individual capacity, it is similar to suing them personally -official capacity, it is the same as suing the governmen
Federal Tort Claims Act (FTCA)-What is its purpose?
1946, the United States waived immunity regarding a number of torts
Scope of employment-Factors that are considered when deciding if agency official acted within scope of employment
Act commonly done in business ●Time, place, and purpose of act ●Employer authorized this type of act?
Discretionary actions
Acts by federal agency officials that involve planning, policy, and judgment
Foreign soil
Bars claims arising for any injury that occurs in a foreign country.
What are the 4 elements of a negligence claim?
Duty, Breach, Causation, Damages
Intentional torts
Exception to the exception - when one of these intentional torts is committed by a law enforcement officer, then you can sue under the FTCA
Federal Tort Claims Act (FTCA)-3 Exceptions? (Meaning, what lawsuits are not allowed under FTCA?
Foreign soil, Intentional torts, discretionary actions
Public Duty doctrine
General duty may convert to individual duty if government: ●Created or increased the risk to an individual ●Aggravated an existing injury ●Has custody of the injured party
Sovereign immunity-What is a "sovereign?"
Government is immune from liability and can only be sued by consent
Scope of employment-Why is this important?
Government is not liable for acts committed by an employee, officer, or official outside the scope of their employment
Accountability through Liability-Pros
Government provides a multitude of public services without a profit incentive
Eminent domain
Government takes private property (real estate) for PUBLIC use ○Just compensation must be provided
Public Duty doctrine
Means that generally duties are owed to public but not individuals
Sovereign immunity-What does the 11th Amendment say about states being sued in federal court?
States cannot be sued for damages, but they can be sued to compel compliance with federal law
Sovereign immunity-What does "sovereign immunity" mean?
The government must consent to be sued -Applies to state and federal governments, but not cities and counties -In some states, sovereign immunity has been abolished or limited by statute and/or judicial decision