Suing the Government - Week 2
Suing the Government - Week 2 POSC 475
Cal State Fullerton
Popular in Administrative Law
Popular in Political Science
This 1 page Class Notes was uploaded by Evy on Monday February 29, 2016. The Class Notes belongs to POSC 475 at California State University - Fullerton taught by James Fox in Spring 2016. Since its upload, it has received 35 views. For similar materials see Administrative Law in Political Science at California State University - Fullerton.
Reviews for Suing the Government - Week 2
Report this Material
What is Karma?
Karma is the currency of StudySoup.
Date Created: 02/29/16
Suing the Government 2/24/16 8:39 PM Not able to prior to 1946 • Came back from war, wanting to prove to country that ours is not oppressive like the ones we just fought. FTCA FEDERAL TORTS CLAIMS ACT Can sue government for negligence Tort: civil wrong doing Intentional or unintentional NEGLIGENCE: Must prove breach of duty, and infliction of harm. 1. Establish a government actor 2. Go through negligence steps • Criteria: what's there a duty? Was there a breach of duty? Causation -‐ actual, but-‐for, proximate or legal? Has to be foreseeable action. Was harm done? 3. Determine the immunities Immunities: senators and congressmen have ABSOLUTE, military has ABSOLUTE, officials have QUALIFIED You can sue an agency, but not employee of an agency. See BEVINS CASE Military: see FERES DOCTRINE