(In Progress...as of 8/23/2024)
Mentally Challenged and/or Disabled Individuals
- Criminal Neglect
- https://www.law.cornell.edu/wex/negligence
2. Torts Due to Wrongdoer’s Negligence
Proving Negligence
“Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages. In order to establish liability and secure a civil, monetary recovery under Georgia law, a plaintiff must establish all four of the above-mentioned elements.”
[https://www.rafilawfirm.com/atlanta/wrongful-death-lawyer/understanding-negligence/]
3. State Sovereign Immunity & Tort in All 50 States
“Still undecided was the issue of whether a state could be sued by its own citizens. For more than 100 years, states enjoyed protection from lawsuits, and the Supreme Court extended 11th Amendment protections to prohibit suits against a state by one of its citizens. Hans v. Louisiana, 134 U.S. 1 (1890). However, the doctrine began to weaken in 1908 when the Supreme Court ruled that sovereign immunity was not without exceptions and states could be sued for an unconstitutional action by the state. Ex parte Young, 209 U.S. 123 (1908). In 1946, the federal government passed the Federal Tort Claims Act, which waived sovereign immunity for itself with respect to torts. Federal Torts Claims Act, Pub. L. No. 79-601, ch. 753, 60 Stat. 842 (1946). Soon thereafter, state legislatures began to enact their own state tort claims acts.”
Public Duty Doctrine
“Separate and apart from the concepts of sovereign immunity and official immunity, some states adopt the Public Duty Doctrine. It can serve as an exception to immunity in the performance of a governmental or discretionary act. The Public Duty Doctrine states that a public employee is not civilly liable for the breach of a duty owed to the general public, rather than a particular individual. This Public Duty Doctrine is based on the absence of a duty to the particular individual, as contrasted to the duty owed to the general public. This doctrine does not insulate a public employee from all liability, as he or she could still be found liable for a breach of ministerial duties in which an injured party had a “special, direct, and distinctive interest.” See, e.g., Southers v. City of Farmington, 263 S.W.3d 603 (Mo. 2008). It is not an affirmative defense, but rather delineates the legal duty the defendant public employee owes the plaintiff. In effect, the applicability of the Public Duty Doctrine negates the duty element required to prove negligence, such that there can be no cause of action for injuries sustained as the result of an alleged breach of public duty to the community as a whole.”
[“State Sovereign Immunity & Tort Liability Chart”.Pdf (Mathiesen, Wicker & Leherier)]
4. State/Judicial Liability for Discrimination
Brief as Amicus - Griffith v. El Paso County
“Also at issue in this appeal is the proper standard for establishing damages liability for intentional discrimination under Title II of the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. 12132 et seq., and Section 504 of the Rehabilitation Act, 29 U.S.C. 794. The Department of Justice has significant responsibility for the enforcement and implementation of Title II and Section 504. See 29 U.S.C. 794(a); 42 U.S.C. 12133, 12134. Because both Title II and Section 504 entitle private plaintiffs to compensatory damages upon a showing of intentional discrimination, the outcome of this appeal will affect the ability of such plaintiffs to obtain complete relief. The United States has a strong interest in ensuring that individuals will serve as private attorneys general to supplement its enforcement efforts. See U.S. Amicus Br. at 1, Acheson Hotels, LLC v. Laufer, No. 22-429 (S. Ct. filed June 12, 2023) (oral argument scheduled for Oct. 4, 2023).”
[“Civil Rights Division - US Department of Justice” https://www.justice.gov/crt/case-document/brief-amicus-griffith-v-el-paso-county ]
[“Appellate Section - Americans with Disabilities Act and Section 504 of the Rehabilitation Act.” https://www.justice.gov/crt/appellate-section-americans-disabilities-act-and-section-504-rehabilitation-act ]
