RIOTS AND MUNICIPAL LIABILITY (FROM THE LAW OF DISSENT AND RIOTS EDITED BY M.C.BASSIOUNI - SEE NCJ-01764)

• NCJ Number: 2030
• Author(s): R L GALANTUCCI; J K GIFFORD
• Date Published: 1971
• Length: 57 pages
• Corporate Author: Charles C. Thomas
• Publication Format: Book (Hardbound)
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

AN INVESTIGATION INTO THE QUESTION OF WHO SHALL BEAR THE BURDEN OF EXTENSIVE PERSONAL INJURY AND PROPERTY DAMAGE OF CIVIL DISRUPTION.

Abstract

AS A RESULT OF SOVEREIGN IMMUNITY, MUNICIPAL LIABILITY FOR RIOT INJURY AND DAMAGE IS SOLELY STATUTORY. ANY DISCUSSION MUST BEGIN WITH AN UNDERSTANDING OF THE HISTORICAL DEVELOPMENT OF SOVEREIGN IMMUNITY AND AN ANALYSIS OF THE CURRENT STATUTORY LAW. THE JUDICIAL INTERPRETATION OF THESE STATUTES IS DISCUSSED, CONSIDERING SUCH ISSUES AS WHAT CONSTITUTES A MOB OR RIOT, DEFENSES, DAMAGES, AND RELATED QUESTIONS. AN EXAMINATION OF THE MERITS AND APPLICABILITY OF THE SOVEREIGN IMMUNITY DOCTRINE AND THE POSSIBILITY OF A COMMON-LAW ACTION FOLLOWS. BECAUSE STATES AND MUNICIPALITIES DO NOT HAVE SUFFICIENT FINANCIAL CAPACITY, THE FEDERAL GOVERNMENT REMAINS AS THE ONLY GOVERNMENTAL UNIT ABLE TO BEAR LIABILITY CLAIMS. IT IS SUGGESTED THAT THE FEDERAL DISASTER RELIEF ACT BE AMENDED TO INCLUDE MAN-MADE DISASTERS AND THAT THE URBAN PROTECTION AND REINSURANCE ACT BE APPLIED TO RIOT DAMAGE. (AUTHOR ABSTRACT MODIFIED)