Personal Liability of Public Officials, Sovereign Immunity, and Compensation for Loss PDF Download
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Author: Peter G. Brown
Publisher:
ISBN:
Category : Administrative responsibility
Languages : en
Pages : 28
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Book Description
Author: Peter G. Brown
Publisher:
ISBN:
Category : Administrative responsibility
Languages : en
Pages : 28
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Book Description
Author:
Publisher:
ISBN:
Category : Administrative responsibility
Languages : en
Pages : 92
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Book Description
Author: Paul T. Hardy
Publisher: University of Georgia, Carl Vinson Institute of Government
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 36
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Book Description
This book describes the coverage of the immunities and liabilities of government officials and employees under 42 Unites States Code Sect. 1983. Among the topics discussed are qualified immunity, immunities of witnesses, and recovery of punitive damages.
Author: National Association of Attorneys General. Committee on the Office of Attorney General
Publisher:
ISBN:
Category : Government liability
Languages : en
Pages : 118
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Book Description
Author: National Association of Attorneys General. Committee on the Office of Attorney General
Publisher:
ISBN:
Category : Administrative agencies
Languages : en
Pages : 148
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Book Description
The defense of immunity which protects public officials from personal liability in federal civil rights suits, and the government from monetary liability, is discussed. This report is based on an examination of case law through June 1979. It is limited in scope to the immunity defense to damages liability and does not treat the many other defenses asserted in section 1983 actions. It is organized in terms of broad categories of officials and the legal principles which have been developed by the federal courts with respect to immunity claims. The principle of immunity as it is now interpreted by the courts maintains that there should be no liability without fault to the public official who is required to make decisions and act upon them in an arena in which the rights of citizens are frequently affected. This analysis does not apply literally to the official shielded by absolute immunity since even wrongfully motivated actions will not incur liability in his case. However, since this complete immunity does not extend to conduct clearly outside the scope of the official's authority, his error in so acting is implicitly treated as culpable by the imposition of liability. The distinction is that liability is limited to a particular kind or degree of fault. Immunity would have no significance if it did not mean that the public official is more protected from liability than is a private citizen. The public official must intend harm or be deliberately indifferent to the rights of the person injured to be held liable. The difference, therefore, is one of degree, but the courts have had extensive experience in applying the distinction between gross and simple negligence in tort actions. It is less clear to what extent bad faith will be imputed to an official because of his disregard of established constitutional rights. It is probable that high-level officials whose policy setting roles affect large numbers of people will be held to a higher standard of knowledge of the law than others. Congressional attempts to amend Sections 1983 to impose liability directly on state governments have so far proved unsuccessful, although the Supreme Court's recent decision holding that a municipality can be sued for damages under Section 1983 places the question of local governments directly before the courts. Footnotes and a table of cases are included in the report.
Author:
Publisher:
ISBN:
Category : Government liability
Languages : en
Pages : 128
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Book Description
Author: George O'Neil Urquhart
Publisher: Wipf and Stock Publishers
ISBN: 1498239668
Category : Political Science
Languages : en
Pages : 83
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Book Description
These are challenging times, and perhaps it is here that humans are viewed at their best and their worst. Everyone is accountable for what they say and do. And since government at all levels and its officials are not exempted, and who operate in a more open environment than they once did, primarily as a result of legislation providing for open meetings, more accessible public information, and under more open and recordable visibility, public officials must be more cautious and more aware of the decisions they make. Although a conscious effort on the part of public officials to avoid personal liability suits will help reduce the number of suits filed against them or the government, some preventive and proactive measures--e.g., becoming more proficient in the duties and responsibilities of office, cultural and social education, sensitivity training--must be taken to avoid the possibility of successful liability lawsuits. Public officials are held morally responsible for their decisions, and they are to be respected for the demands placed on them by virtue of that office. However, individuals, including those injured by a particular governmental policy or an official's decision, are not accepting grievous actions which go against their individual interests. Many are not content with exhausting administrative remedies; rather, they are turning to the courts for a remedy in cases of wrongful death, misuse of legal procedure, etc. A conscious, individual effort to reduce the occurrence liability suits through responsible public decisions will help hold the number of successful suits to a minimum.
Author: Sheldon H. Nahmod
Publisher:
ISBN: 9781632815507
Category : Constitutional torts
Languages : en
Pages : 0
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Book Description
To view or download the 2018 Supplement to this book, click here. This casebook emphasizes important circuit court decisions together with relevant Supreme Court case law. This enables students to see how principles articulated in Supreme Court decisions are implemented by lower courts. Constitutional Torts also addresses affirmative duties, constitutional tort actions in state courts, and attorney's fees. Further, this book is organized around the statutory language of section 1983, thereby driving home the crucial distinction between prima facie cases and constitutional tort immunities and defenses. The fourth edition covers Supreme Court decisions from the past several years, including Minneci v. Pollard (chapter 1), Lane v. Franks and Plumhoff v. Rickard (chapter 3), Connick v. Thompson (chapter 5), Rehberg v. Paulk (chapter 7), Carroll v. Carman, Reichle v. Howards, Ashcroft v. Al-Kidd, Camreta v. Greene, Tolan v. Cotton, Ortiz v. Johnson and Filarsky v. Delia (chapter 8), Lefemine v. Wideman and Perdue v. Kenny A. (chapter 12). The circuit courts have been active over the past few years. We have extensively revised the notes to take account of the recent developments. This edition also welcomes Fred Smith as a coauthor. Constitutional Torts studies circuit and district court decisions as crucial to understanding the developing law of Section 1983, because (a) they show how general principles of law pronounced by the Supreme Court are actually applied; (b) the Supreme Court rarely visits some important aspects of the doctrine; and (c) in this dynamic area of the law, the lower courts are the first to identify new issues and new ways of approaching old problems. At the same time, the materials continue to emphasize the "tort" aspects of Section 1983 litigation, especially with regard to affirmative duties, causation, official immunity, and damages. These materials illuminate both the similarities and differences between constitutional torts and analogous principles developed in the common law tort setting. By studying both tort and constitutional principles, students learn how to argue for and against the application of common law tort principles to constitutional tort issues, and will come to understand both the theoretical and practical consequences of the constitutional underpinnings of the litigation. Constitutional Torts provides a thorough treatment of compensatory damages, punitive damages, injunctive relief, and attorneys' fees. These materials not only explain the basic doctrine, but explore their strategic implications on the conduct of litigation. A Teacher's Manual is available to professors. This book also is available in a three-hole punched, alternative loose-leaf version printed on 8.5 x 11 inch paper with wider margins and with the same pagination as the hardbound book.
Author:
Publisher:
ISBN:
Category : Civil service
Languages : en
Pages : 232
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Book Description
Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233291
Category : Law
Languages : en
Pages : 1300
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Book Description
ERISA and Health Insurance Subrogation In All 50 States is the most complete and thorough treatise covering the complex subject of ERISA and health insurance subrogation ever published. NEW TO THE FIFTH EDITION! • Updated To Include All The Newest Case Law! • Updated To Include Medicaid Subrogation and Preemption of FEHBA ! • New Plan Language Recommendations! • Complete Health Insurance Subrogation Laws In All 50 States • Covers The Application of ERISA In Every Federal Circuit The Fifth Edition of ERISA and Health Insurance Subrogation In All 50 States has been completely revised, edited, and reorganized. This was partly to reflect the new direction recent case decisions have taken regarding health insurance subrogation as well as the crystallization of formerly uncertain and nebulous areas of the law which have now received some clarity. An entirely new chapter entitled, “What Constitutes Other Appropriate Equitable Relief?” has been added and replaces the old Chapter 9, which merely dealt with Knudson and Sereboff. The new edition introduces new state court decisions addressing the issue of causation and whether and when a subrogated Plan seeking reimbursement must prove that the medical benefits it seeks to recover were causally related to the original negligence of the tortfeasor. An entirely new section was added concerning the subrogation and reimbursement rights of Medicare Advantage Plans, a statutorily-authorized Plan which provides the same benefits an individual is entitled to recover under Medicare. This includes recent case law which detrimentally affects the rights of such Plans to subrogate. Also added to the new edition is additional law and explanation regarding Medicaid subrogation, including the differentiation between “cost avoidance” and “pay and chase” when it comes to procedures for paying Medicaid claims. Significant improvements have been made to suggested Plan language which maximizes a Plan’s subrogation and reimbursement rights. The suggested language stems from recent decisions and developments in ERISA and health insurance subrogation from around the country since the last edition. The new edition has been completely reworked both in substance and organization. Recent case law has necessitated consolidation of several portions of the book and elimination or editing of others. A new section entitled “Liability of Plaintiff’s Counsel” has been added, which provides a clearer exposition on the laws applicable and remedies available when plaintiff’s attorneys and Plan beneficiaries settle their third-party cases and fail to reimburse the Plan. Also new to the book are recently-passed anti-subrogation measures such as Louisiana’s Senate Bill 169, § 1881, which states that no health insurer shall seek reimbursement from automobile Med Pay coverage without first obtaining the written consent of the insured. The new edition also goes into much greater detail on the procedures for and law underlying the practice of removal of cases from state court to federal court, and the possibility of remand back to state court. This includes the Federal Courts Jurisdiction and Venue Clarification Act of 2011, effective Jan. 6, 2012, which amended federal removal, venue, and citizenship determination statutes in very significant ways. The new edition also delves into, for the first time, the role which the federal Anti-Injunction Act plays when beneficiaries sue in state court to enforce the terms of an ERISA Plan, while the Plan files suit in federal court seeking an injunction against the state court action. New case law and discussion on preemption of FEHBA subrogation and reimbursement claims have been added to Chapter 10 in the wake of new decisions regarding same.
