NCJ Number
17724
Journal
Saint Louis University Law Journal Volume: 18 Issue: 4 Dated: (SUMMER 1974) Pages: 602-628
Date Published
1974
Length
27 pages
Annotation
MUNICIPAL TORT IMMUNITY IS THE REFUSAL OF A COURT TO ALLOW RECOVERY AGAINST A MUNICIPALITY WHEN ITS AGENTS HAVE NEGLIGENTLY OR INTENTIONALLY HARMED ANOTHER.
Abstract
THE AUTHOR FIRST PRESENTS A BRIEF HISTORICAL ANALYSIS OF THIS TYPE OF IMMUNITY AND CONCLUDES THAT THE LINE OF PRECEDENTS IS BASED ON AN ILLOGICAL PREMISE AND AN INACCURATE INTERPRETATION OF THE ENGLISH COMMON LAW. THE TREND, SINCE 1957, TOWARD LEGISLATIVE AND JUDICIAL RETREAT FROM THE DOCTRINE OF MUNICIAPL TORT IMMUNITY IS ALSO REVIEWED. THE AUTHOR THEN CONSIDERS THE FOUR BASIC POLICY ARGUMENTS ADVANCED IN FAVOR OF CONTINUED RETENTION OF THE DOCTRINE - THAT A MUNICIPALITY CAN BE HELD LIABLE ONLY FOR PROPRIETARY, NOT GOVERNMENTAL, FUNCTIONS; THAT PUBLIC FUNDS WOULD BE DISSIPATED BY TORT DAMAGE ACTIONS IF THE DOCTRINE WERE ABOLISHED; THAT ENDLESS LITIGATION WOULD RESULT FROM ABOLISHING THE DOCTRINE; AND THAT ABOLISHING THE DOCTRINE WOULD VIOLATE THE FIXED PUBLIC POLICY OF THE JURISDICTION - AND SUGGESTS THAT NONE CAN WITHSTAND CLOSE SCRUTINY. AFTER CONSIDERING THE EXTENT OF POLICE MISCONDUCT AND THE EXISTING PROCEDURES AND INSTITUTIONS FOR CONTROLLING IT (INTERNAL REVIEW, CIVILIAN COMPLAINTS, CIVILIAN REVIEW BOARDS, CRIMINAL LIABILITY, AND TORT LIABILITY OF INDIVIDUAL OFFICERS), THE AUTHOR SUGGESTS THAT GOVERNMENT LIABILITY IS THE ONLY EFFECTIVE METHOD OF COMPENSATING FOR AND DETERRING POLICE MISCONDUCT. HE RECOMMENDS THAT THE MISSIOURI SUPREME COURT UNDO THE INJUSTICES OF THE DOCTRINE OF MUNICIPAL TORT IMMUNITY BY JUDICIALLY ABOLISHING IT.