Negligence Tort: Liability Negligence
Instructions
Using the case attached and at least two outside sources explain:
- What is a negligence tort and what factors establish liability relating to negligence?
- What is the public duty doctrine and how does it effect the obligations of public employees to the individuals with whom they come into contact?
- What does this case tell us about negligence related the State’s obligation to train its employees.
- What general defense(s) could be available to the deputies in this case had they been sued by the plaintiff in Federal Court for a claim of violating her Fourth Amendment rights. This should not be a rehashing of the facts to determine liability, just a discussion of what defense(s) are generally available in such a suit.
- Conclusion- did you agree with the courts decision yes or no and please explain why as this is your opinion.
Your paper should be double spaces, 1″ margins, and thoroughly address the issues in the instructions above. The reader should not need to have read the case of have any advanced understanding of the law to understand the basic principles and applicability of those principles once you’ve explained them in the paper. There is no minimum or maximum page requirement. So long as it is thorough and understandable by a “layman,” a shorter concise paper is welcome.