NCJ Number
38223
Date Published
1976
Length
108 pages
Annotation
REVISED EDITION OF A JANUARY 1975 REPORT WHICH CONSIDERED THE BROADER ISSUES OF SOVEREIGN IMMUNITY AND PUBLIC OFFICIAL LIABILITY, AS WELL AS THE PARTICULAR PROBLEMS OF OFFICIALS IN THE LIGHT OF CASE AND STATUTORY LAW.
Abstract
THE PREVIOUS REPORT TRACED THE DEVELOPMENT OF SOVEREIGN IMMUNITY IN THE UNITED STATES, AND DISCUSSED THE POLICY QUESTIONS AT ISSUE IN THE INVOCATION AND OPERATION OF SOVEREIGN IMMUNITY. IT ALSO ANALYZED THE SPECIFIC QUESTION OF LIABILITY OF PUBLIC OFFICIALS AND ITS EFFECT ON THE OFFICE OF ATTORNEY GENERAL AND ON THE PUBLIC TREASURY. THESE AREAS HAVE BEEN UPDATED, AND ADDITIONAL MATERIAL HAS BEEN INCLUDED IN THE REVISED EDITION CONCERNING THE LIABILITY OF HOSPITAL ADMINISTRATORS AND EMPLOYEES, EDUCATIONAL INSTITUTIONS AND PERSONNEL, THE NATIONAL GUARD, CORRECTIONAL OFFICIALS AND POLICE OFFICERS. DETAILED DESCRIPTIONS OF THE ADMINISTRATION OF TORT CLAIMS IS ALSO PRESENTED, WITH A COMMENTARY ON THE ATTORNEY GENERAL IN THE TORT CLAIMS PROCESS. TABULAR DATA IS PROVIDED ON STATE DECISIONS LIMITING SOVEREIGN IMMUNITY, STATE LIABILITY LEGISLATION, AND THE EXISTENCE AND COVERAGE OF PROFESSIONAL MALPRACTICE INSURANCE IN THE INDIVIDUAL STATES. (AUTHOR ABSTRACT)