State or Federal Tort Claims Act of 1946 Paper

In the United States, there are city, county, state, and national police forces. They have very difficult and dangerous responsibilities. These public servants are required to perform many different jobs. They enforce laws and maintain order. They teach people how to help prevent crime and to protect themselves ( Mittleman, 2000). They offer assistance and take charge of many different situations such as car accidents, flooding, and hurricanes. Police

Case 3: “Henry Gifford, et al. v. United States Green Building Council (USGBC), et al., 10‐7747 (filed October 8, 2010)”.

The Illinois trial court denied motion to suppress, finding the gun was recovered during a lawful stop and frisk. The Illinois Appellate Court reversed Wardlow 's conviction, concluding that the gun should have been suppressed because Officer Nolan did not have reasonable suspicion sufficient to justify an investigative stop pursuant to Terry v. Ohio, 392 U. S. 1 (1968). 287 Ill. App. 3d 367, 678 N. E. 2d 65 (1997). The Illinois Supreme Court agreed. 183 Ill. 2d 306, 701 N. E. 2d 484 (1998). While rejecting the Appellate Court 's conclusion

Case Facts: Roy Caballes was stopped for speeding by an Illinois state trooper Daniel Gillette. During the traffic stop another state trooper Craig Graham of the Illinois State Police Drug Interdiction Team, overheard the stop on the radio and showed up to the scene with a narcotics detection dog. While the first trooper was writing Roy Caballes a warning ticket for speeding the second trooper walked around Roy’s car with the narcotics detection dog. The dog alerted that it had detected narcotics at the rear end of the car which subsequently led to the state troopers searching the trunk of the car. Upon searching the trunk of the car the state troopers found a large quantity of marijuana which consequently led to the arrest of Roy Caballes. The entire incident lasted no longer than 10 minutes. Roy Caballes was convicted of a narcotics offence and was sentenced to 12 years in prison and ordered to pay a $256,136 fine.

It is the government’s ordained and foremost right to provide its citizens with reliable protection and security, especially in the face of an emergency. However, the government’s failure to provide equitable care, causing damage, injury, or death, results in legal negligence, or a person not acting to their given standard resulting in damage. In the case of Riss v. The City of New York, Linda Riss experienced negligent conduct from the New York City police department when, after she was repeatedly threatened by a rejected suitor, they did nothing to protect her until after she was mutilated with acid. With protection and ongoing investigation, Riss would have been kept safe under the responsibility that the police failed to adhere to.

Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.

Art and Bill were leaving work one afternoon when they were approached by Charlie, who was

unit, her BP was 94/56 and her pulse 110, but now her BP is 110/70 and her

In the United States today if you as an officer put either you or your department in a liability, for any type of act that is not warranted and handled in a professional manner you are opening yourself for a number of different actions which could hurt both you, your department as well as causing you to loss everything that you own, just because you decided to not following proper protocals which were developed for you department.

For Local, State, and Federal Governments, the hours after a natural disaster are the most vital, it would be difficult to enforce order in the absence of a police force. Amid any natural disaster people are inclined to flee the affected area or protect their own family and property. In the case of the New Orleans Police Department it is reported that roughly a third of the force abandoned their post, which created a vacuum. During post Hurricane Katrina seventy-six officers were fired for abandoning their positions during a major crisis, eleven officers were fired for neglecting their duties Forty-one officers resigned

On this film it is showcased through several different cases how the tort reform has impacted individuals’ constitutional and civil rights. It also showcases how large companies and political leaders have used their power for their own purposes as well as to push legislature to pass through the White House and become law by financing their campaigns and helping the candidates to win elections. One of those laws was the caps on punitive damages through tort reform.

Since about the mid-late 1980’s many states have implemented and enforced statutes to limit tort lawsuits. Tort reform is the political term for redefining tort laws and reducing tort litigation, damages, compensation, and even amounts awarded (Quinn). The reformation of the nation’s tort system, or changing laws throughout a state dealing with injuries to a person or their property have done a lot more harm than good for consumers. While each tort reform law varies depending on the state, they all have one of the following goals in mind: “(1) to make it more difficult for injured people to file a lawsuit, (2) to make it more difficult for injured people to obtain a jury trial, (3) to place limits on the amount of money injured people receive in a lawsuit (Lane).”

William Hibbs worked in the Nevada Human Resource department when his wife fell extremely ill and he had to take care of her. Luckily, the Family and Medical Leave Act enacted in 1993 allowed him (or other qualified employees) to take up to 12 unpaid weeks off of work to care for his wife. When the end of the 12 weeks came, the HR department requested Hibbs to return to work since he has exhausted his allotted time. When Hibbs failed to return to work he was consequently fired. Hibbs sued the department for money damages saying they violated the FMLA. The major question in this case is whether a citizen could sue a state for money damages. The Supreme Court ruled that employees may sue the state is they fail to follow FMLA standards. They said that it was laid out in the act that failure to comply to the standards set forth by the act would lead to an abrogation of their eleventh amendment

Quality Immunity could be a double edge sword in many case scenarios. Therefore, often times it is hard to say whether quality immunity should be granted to government officials based off of actions they choose to take. Therefore, in this short paper I am going to research and analysis the case of Safford Unified School District v. Redding. In my finding I will address the issues of whether the school was justified or not in the search of Savannah Redding, whether qualified immunity should be given to government officials, and whether I agree with the finding in the case.

The Alien Tort Claims Act was enacted in 1789 in order to protect ambassadors and to try pirates in court. The was not used often until it was rediscovered during the 1990’s as a way for labor and progressive lawyers a way to bring suits against the MNCs anywhere in the world, not just in America. There have been over 125 cases in over 60 countries, only two cases have ever actually made it to court. Most cases are either dismissed early or the lawyers settle outside of court(Bethel, 2017).