SOVEREIGN IMMUNITY - THE LIABILITY OF GOVERNMENT AND ITS OFFICIALS, JANUARY 1975

• NCJ Number: 16461
• Author(s): B A RICH
• Date Published: 1975
• Length: 71 pages
• Sponsoring Agency: US Dept of Justice
• Corporate Author: National Assoc of Attorneys General
• Sale Source: National Assoc of Attorneys General; National Institute of Justice/
• Publication Type: Historical Overview
• Language: English
• Country: United States of America

Annotation

REPORT ON THE HISTORY, DEVELOPMENT, AND EVOLUTION OF GOVERNMENT AND PUBLIC OFFICIAL TORT LIABILITY IN THE UNITED STATES.

Abstract

THE CURRENT STATUS OF SOVEREIGN IMMUNITY IS SURVEYED IN LIGHT OF THE CASE AND STATUTORY LAW. POLICY QUESTIONS AT ISSUE IN ITS INVOCATION AND OPERATION ARE ALSO DISCUSSED. ANALYZED IS THE SPECIFIC QUESTION OF THE LIABILITY OF PUBLIC OFFICIALS AND ITS EFFECT ON THE OFFICE OF ATTORNEY GENERAL AND THE PUBLIC TREASURY. DISCUSSED ARE THE PARTICULAR LIABILITY PROBLEMS OF HOSPITAL ADMINISTRATORS AND EMPLOYEES, EDUCATIONAL INSTITUTIONS AND PERSONNEL, CORRECTIONAL OFFICIALS, NATIONAL GUARDSMEN, AND POLICE OFFICIALS. TABLES ARE INCLUDED WHICH LIST STATE DECISIONS LIMITING SOVEREIGN IMMUNITY AND STATE LIABILITY LEGISLATION BY STATE, FEDERAL TORT LIABILITY STATUTES ARE ALSO BRIEFLY DISCUSSED. (AUTHOR ABSTRACT MODIFIED)