Tort claims against local gov Flashcards
Counties for PI Claims
You cannot sue a county for personal injury torts committed by their officers, agents , or employees
Because they are formally parts of states have sovereign immunity
There is true whether the county is acting in a governmental capacity or a proprietary capacity
Counties for implied contract
You cannot sue in tort for damages to personal property, but you can sue under an implied contract theory under which the country has implicitly agreed to pay for property that been wrongly taken, damaged, or converted
In order to recover in contract, the county would need to take property for public use without just compensation which results in damage to real or personal property. This results in a claim for inverse condemnation under the Virginia Constitution.
Cities, towns, and other municipal corporations can be held liable in tort but only when performing proprietary functions
NOT when performing governmental functions–They have sovereign immunity when performing governmental functions
To determine whether a city, town, or other municipal corporation is performing a governmental or proprietary function ask
1) The government is acting for the benefits of it all of its citizens (governmental functions) ; OR
EX- Police and fire departments, operating a hospital or school, garbage collection
2) The government is acting to further its interest as a property or or business owner (proprietary functions)
If the action involves both governmental and proprietary functions, the action is considered governmental
Individual officials or employee have qualified immunity from tort liability
1) The function must be important
2) the government have an official interest in direct involvement in the function
3) the governmental entity must exercise some control and direction over the employee;
4) the employee must be exercising some discretion (it must not simply be carrying out a ministerial task
Immunity for employee only extends to negligence
Immunity does not apply when the employee is acting beyond the scope of employment, authority or discretion
Respondeat Superior
The principle of respondeat superior does not apply to county employees of officials
The municipalities are held liable only when the employee is acting in a proprietary capacity, the municipality has some authority to control the agent’s actions, and the agent was acting within the scope of his employment
Ex of Governmental Functions for which Cities/Towns have sovereign immunity
1) Police/Fire protection
2) Operation of hospitals, education facilities,
3) garbage removal
Towns and cities enjoy sovereign immunity for tort actions when performing public governmental functions
Which are done with the common god, without the element of corporate benefit or pecuniary profit
Towns and cities enjoy sovereign immunity for tort actions when performing public governmental functions
Which are done with the common god, without the element of corporate benefit or pecuniary profit
Towns and Cities do not have sovereign immunity for proprietary functions
1) Routine maintenance of streets
2) Provision of Utitlies
3) Operation of housing authories
Generally Negligence claims against local government are barred unless
The claimant has filed, with a proper designated officer, a written statement of the claim, including when it occurred, within 6 months of the action accurring
Notice does not have to be filed
When a proper local government official has actual notice of the claim within 6 months after the cause of action accrued.
The notice must be delivered to
1) City/Town attorney or 2) Chief executive
The six month requirement is tolled when
The claimant is under a disability at the time the cause of action accrued
