State or Federal Tort Claims
December 15, 2014
State or Federal Tort Claims
The Constitution of the United States has the amendments in place to protect the citizens from the violation of his or her rights by the government. The Federal Tort Claim Act of 1946 is enacted to ensure the citizens of the United States will receive the proper compensation or if the citizens want to sue the federal government. The Federal Tort Claim Act of 1946 will provide the citizens of the United States enough cushion to go around the immunity for federal employees. Before the enactment of the Federal Tort Claim Act of 1946, the citizens would have no possible way of suing the federal government ...view middle of the document...
Allowing the government to have sovereign immunity will only serve the purpose that protects the government time and money from demising (Watson, 2012).The sole purpose to enact a state tort claim is to remove the immunity law that protects the government and employees from lawsuits.
According to (Watson, 2012) in the State of Texas the local justice is members of the criminal justice system with limits on liability by participating an activity that causes harm or potential harm to a citizen. In layman’s term, Texas Tort Claim Act will not waive the immunity of the government or the employees from claims arising from police protection or firefighters (Watson, 2014). The security personnel, who have employment though the federal government, will not have immunity; however, the only way he or she can have immunity is to work as a state law enforcement agent or emergency worker. Some federal and state employees will have to escort government officials, such as politicians to keep him or her safe; however, it will not grant immunity from civil or criminal liability.
Police officers and emergency workers who fail to act within the boundaries of the law will be subject to criminal or sovereign immunity removal due to his or her negligent behavior. The policymakers will have immunity from civil liability. This means the policy that a policymaker creates and enacts, because harm to a citizen will not waive the immunity of the policy maker. A policy maker will not be liable for the harm that comes to a citizen through the policy. The Discretionary Activity Exception within the Texas Tort Claims Act will regulate whether or not to waive the immunity.
The Discretionary Activity Exception in the Texas Tort Claims Act will not waive the immunity of state workers; however, it creates various guidelines that include civil liability (Figley, 2009). The government will have the authority to determine if an employee will waive his or her immunity. For example in an emergency situation the ambulance or police run over a pedestrian on the way to an emergency, with flashing lights and sirens, the government will have to make a determination if it is negligence or not. The government will have to determine if the pedestrian is at fault. So if the pedestrian walks in front of the ambulance or police, the emergency responder will not be at fault. This means the pedestrian can not sue; however, if it is an emergency responder’s fault he or she can receive a lawsuit.
Within the Texas Tort Claims Act government agencies cannot be liable; however, if the plaintiff can establish an exception, it will allow him or her to gain a lawsuit against the government or employee. A teacher, a police officer, EMT, and firefighters a plaintiff can name in a lawsuit; however, the plaintiff will need credible evidence to begin a lawsuit. A state or federal employee will have a limit on the amount a plaintiff can receive. Citizens who sue a government or state employee will...