Governmental Immunities

Question 1

What is the liability of the government for legislative activities?

Answer 1

Absolute Immunity - No liability or duty at all.

Question 2

What does the FTCA (Federal Torts Claims Act) do?

Answer 2

Allows the government to be liable for certain torts committed.

Question 3

What are the obstacles that must be overcome to sue under the FTCA or Federal Tort Claims Act?

Answer 3

1) can only sue in District Court,
2) Cannot have a jury trial
3) The law of the state that you sue in is the law that will be used to try the case.

Question 4

What is the Feres Doctrine from Section 2680(j) expansion of the Federal Torts Claims Act do?

Answer 4

Creates a new immunity for the government for torts claims. Allows immunity for injuries that are incidental to service in the military.

Question 5

What does Section 2680(a) the Discretionary Function Immunity provide?

Answer 5

No liability for injuries resulting from exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the
government, even if discretion was abused.

Question 6

Exceptions to the Feres Doctrine (2680(j)) so that the government has liability?

Answer 6

1) Injured after discharge or while on temporary disability retirement.
2) If the injuries happened to the family of the military member and it is not related to the member of the military service.

Question 7

What is the test to decide if the Discretionary Function Immunity bars P’s claim under 2680(a)?

Answer 7

Immunity is allowed for discretionary functions.

1) Immunity for decisions involving policy decisions or the design of a course of action (planning stage)
2) No immunity for ministerial acts (operation stage)

Question 8

What is the liability of state or local governments for legislative activities?

Answer 8

Absolute Immunity

Question 9

Liability of State and Local Gov.

What is the Public Duty Doctrine?

Answer 9

1) There is no duty to protect a specific member of the public. There is a duty to protect the public but no duty to individuals.
2) No liability for failure to render assistance - it is about allocation of resources.
3) Also no liability for negligence in the performance of a governmental function, unless there was a special relationship between the municipality and the injured party.

Question 10

Liability of Public Officials

Answer 10

Absolute immunity for legislative activities

Question 11

States and municipal liability under Section 1983

Answer 11

States not liable under 1983 because they are not persons. But agencies and officials may be liable.