Immunities from Tort Liability

Question 1

What is Immunity ?

Answer 1

Immunity is a defense to tort liab.

Question 2

Family Immunity

Answer 2

two familial immunities were recog. at common law (1) spouses & (2) parent-child.

Most states have abolished these immunities

Question 3

Governmental Immunity - Common Law

Answer 3

At com. law, there is sovereign immunity ➞ prevents ∏ from bringing suit against the gov’t

Question 4

Federal Government Immunity

Answer 4

With passage of Fed. Tort Claims Act

• fed. gov’t waived its immunity from tort claims
• but U.S. gov’t is still not liab. for “any claim arising out of assault, battery, false imp., false arrest, malicious prosecution, abuse of process, libel, slander, misrep., deceit, or interference with K rights”

Question 5

Federal Government Immunity

When is Assult, batter, FI, False Arrest, Abuse of Process or Malicious Prosecution Actionable?

Answer 5

Assault, Battery, False Imp., False Arrest, Abuse of Process or Malicious Pros. will be actionable if committed by investigative or law enforcement officer of fed. gov’t (e.g. FBI agent)

Question 6

State Government Immunity

Answer 6

Trad. immune to tort liab.

• Most states have waived this immunity to the same extent as the fed. gov’t

Question 7

Local Government Immunity

Answer 7

(cities, school districts, pub. hospitals)

• have trad. been immune from tort liab. but most states have abolished local gov’t immunity
• No Immunity for Proprietary Functions (functions that could just as well be perf. by priv. corp)

Question 8

Public Officials - Immunity

Answer 8

(Legislators & Judges)

immune from tort liab. for discretionary acts w/in the broad general scope of their duties

Question 9

Charitable Immunity

Answer 9

At com. law charit. org. had immunity from tort claims

• Most states have abolished charitable immunity