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Chapter 4 Tort Liability

Chapter 4 Tort Liability. Categories Immunity. Tort: Civil wrong, other than breach of contract. Intentional Interference Examples Case Law Examples: Gordon v. Oak Park (1974) Martin v. Kearney (1975). Torts. Negligence Defined:

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Chapter 4 Tort Liability

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  1. Chapter 4Tort Liability Categories Immunity

  2. Tort: Civil wrong, other than breach of contract • Intentional Interference • Examples • Case Law Examples: • Gordon v. Oak Park (1974) • Martin v. Kearney (1975) CHAPTER 4: TORT LIABILITY

  3. Torts • Negligence • Defined: • Conduct that falls below an acceptable standard with injury, harm or loss resulting from same • Types of negligent behaviors: • Misfeasance: • Malfeasance: • Nonfeasance: • Gross negligence: CHAPTER 4: TORT LIABILITY

  4. Torts • Other Terms Relating to Negligence: • Comparative negligence: • Contributory negligence: • Assumption of risk: • Foreseeability: • Attractive nuisance: • Inherent danger CHAPTER 4: TORT LIABILITY

  5. Torts • Focus Questions: • What are examples of “injury,” “loss,” or “harm?” • How is “acceptable standard” determined? • How does one “assume risk?” • What are some examples of “attractive nuisances?” • Who has the burden of proof in negligence cases? CHAPTER 4: TORT LIABILITY

  6. Torts • Negligence: • 14th Amendment • Summary: • Applications to negligence suits • 42 USC §1983 • Summary: • Applications to negligence suits CHAPTER 4: TORT LIABILITY

  7. Torts • Court Standards for Finding Negligence: • Was there a standard of care or duty owed? • Did someone fail to provide the care or duty? • Was there harm, injury or loss? • Was the injury or harm or loss caused by the failure to provide the care or duty? CHAPTER 4: TORT LIABILITY

  8. Torts:Negligence Case Law • Kane v. North Colonie Central School District (2000) • Summary: • Decision: (illustrates assumption of risk) CHAPTER 4: TORT LIABILITY

  9. Torts • Accountability • Parameters • School performance? • Teacher accountability? • Conduct of employee? CHAPTER 4: TORT LIABILITY

  10. Torts:Accountability Case Law • Scheelhaase v. Woodbury Community Ctr. Sch. Dist (1973) • Summary: • Decision: (illustrates accountability of teacher for improved student performance) CHAPTER 4: TORT LIABILITY

  11. Torts:Accountability Case Law • Peter W. v. San Francisco Unified Sch. Dist. (1973) • Summary: • Decision: (illustrates external factors may limit accountability of school district for student’s lack of learning) CHAPTER 4: TORT LIABILITY

  12. Torts • Civil Rights Torts • Definition • Parameters under 42 USC §1983 CHAPTER 4: TORT LIABILITY

  13. Torts:Civil Rights Torts Case Law • Johnson v. Branch (1966) • Summary: • Decision: (illustrates protection of rights under 42 U.S.C. §1983) CHAPTER 4: TORT LIABILITY

  14. Torts:Civil Rights Torts Case Law • Carey v. Piphus (1978) • Summary: • Decision: (illustrates extent of student rights and limits of damages that may be awarded) CHAPTER 4: TORT LIABILITY

  15. Torts:Civil Rights Torts Case Law • Maine v. Thiboutot (1980) • Summary: • Decision: (illustrates application of § 1983 to deprivation of rights under statutory law) CHAPTER 4: TORT LIABILITY

  16. Immunity Background Parameters Cases

  17. Background • Historical Precedents • Russell v. Men of Devon (1788) • Mower v. Leicester (1812) • Some states abandoned automatic immunity for government officials and allow suits to be brought forward • What does state law say about immunity for school district employees/officials? • Effect of 42 USC §1983? CHAPTER 4: TORT LIABILITY

  18. Parameters • A government employee (including school employee or official) may be immune from suit if: • the employee is acting within the scope of his/her job description; • the employee, in carrying out his/her job, is expected to use professional discretion to make a lot of decisions; and • the employee’s conduct it not grossly negligent • The employee’s conduct does not violate 42 USC §1983 CHAPTER 4: TORT LIABILITY

  19. Immunity: Case Law • Wood v. Strickland (1975) • Summary: • Decision: ( illustrates that having a policy that violates protected right does NOT meet criteria for immunity argument) CHAPTER 4: TORT LIABILITY

  20. Immunity: Case Law • McCleod v. City of New York (2006) • Summary: • Decision: • Mei Kay Chan v. City of Yonkers (2006) • Summary: • Decision: (both illustrate role of “foreseeability” in immunity defenses) CHAPTER 4: TORT LIABILITY

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