Texas State Tort Claims Paper1

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Texas State Tort Claims Paper
Laronda Thomas-Smith
AJS/562
May 25, 2015
Mark Holley

Texas Tort Claims Act is a set of laws that are established for a governmental entity that could be responsible for addressing wrongdoing under the state law. The law was established in 1969 by the Congress to protect government employees for carrying out their duties for the government ("What Is the Texas Tort Claims Act?” 2005). Before this act was established, people were not able to receive compensation from their local and state government agencies for pain and suffering that was derived from the actions of government employees or officer while on duty. This act protects the government and its employees from frivolous lawsuits from claimants that perceived the government has “deep pockets” ("What Is The Texas Tort Claims Act?", 2005). Also, it protects the government time and monetary resources from disappearing from individuals filing lawsuits and promotes honest action by people of authority or who possess power. This essay will explain how the Texas Tort Claims Act applies to the local justice and security agencies. Briefly discuss The Federal Tort Claims Act of 1946. Also, examine the issues of risk related to civil liability as it applies to crime, justice, and security organization. The Texas Tort Act is in place to protect employees from frivolous lawsuits locally, or statewide whereas the Federal Tort Claims Act of 1946 protects the United States of America. The Federal Tort Claims Act is similar to the Texas Tort Act; it provides restrictions on claims filed against the United States pertaining to restitution, property damage, or an individual pain and suffering caused by the negligence of and government employee while performing within the range of their occupation ("Federal Tort Claims Act Litigation Section," 2014). Also, the Federal Tort Claims Act handles cases like natural disasters that cause property damages such as Hurricane Rita. Also, the FTCA manages delicate situations such as informants and has protected the U.S. from lawsuits from people who were imprisoned for immigration accusations after 9/11. The FTCA help in the process of taking legal action as it develops and bargaining arrangements. The Director of the Federal Tort Claims Acts has the power to resolve federal organizations suits up to a million dollars and anything above that, the Director can make a suggestion or request to upper Department of Justice administrators. In Texas, the local and state departments can be responsible for property damage, wrongful death, and personal pain and suffering ("What Is the Texas Tort Claims Act?" 2005). The government will protect its employee of their actions by providing legal defense and monetary damages although the employee could be found guilty. Now if the government employee causes personal pain and suffering, property damage or even death from operating a vehicle; the employee will be personally responsible to the individual who is filing a claim or lawsuit. Texas pays up to two-hundred and fifty thousand per individual, up to five hundred thousand for each incident for bodily harm or death, and up to one hundred thousand for property damages. The Texas Tort Claims Act risk is it does not restrict the accountability of the city for damages that are derived from the city's fulfillment of ownership role. Before and after the Act was enacted, there were and still is numerous of risks related to civil liability as it applies to crime, justice, and security organization. The Texas courts did not allow the local cities or precinct to be liable for property being damaged or vandalize personal pain and suffering, the loss of life for government employees while performing their duties (Evans, Gillespie, & McKamie, Krueger, 2013). About crime, the risk factors are that government employees or officers could be found liable for violating a citizen rights that would...