Federal Tort Claims Act: Hearings Before the Subcommittee on Agency Administration of the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, on S. 1775 ....U.S. Government Printing Office, 1982 |
Citi izdevumi - Skatīt visu
Bieži izmantoti vārdi un frāzes
4th Cir absolute immunity actions without prejudice administrative agency agents allegations Amendment Appendix attorneys award behavior bill Bivens-type Board cease and desist cials common law compensation Comptroller conduct Congress constitutional rights constitutional torts costs counsel COURT REVIEW 1980 desist orders deterrence disciplinary action dismissal without prejudice duty effect Eleventh Amendment employment executive officials Federal Bar Association federal employees federal officials Federal Tort Claims fees filed FTCA good-faith Government employees incentives indemnification individual capacities intentional torts interest judges judgment judicial law enforcement lawsuits legislation litigation misconduct motion to dismiss November 13 official liability official's personal liability personnel Plaintiffs proceedings protection qualified immunity question regulatory remedy respondeat superior responsibility risk rules sanctions Schuck scope Senator GRASSLEY sovereign immunity statute street-level officials strict liability Subcommittee SUING OUR SERVANTS supra SUPREME COURT REVIEW tion Tort Claims Act tort law United victims vigorous decision
Populāri fragmenti
149. lappuse - Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States...
194. lappuse - States or of any state an action based on or including the same claim. (2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper.
130. lappuse - The justification for doing so is that it is impossible to know whether the claim is well founded until the case has been tried, and that to submit all officials, the innocent as well as the guilty, to the burden of a trial and to the inevitable danger of its outcome, would dampen the ardor of all but the most resolute, or the most irresponsible, in the unflinching discharge of their duties. Again and again the public interest calls for action which may turn out to be founded on a mistake, in the...
205. lappuse - Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics...
27. lappuse - Government shall not be liable for any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Government in carrying out the provisions of this section.
79. lappuse - These considerations suggest that, in varying scope, a qualified immunity is available to officers of the executive branch of government, the variation being dependent upon the scope of discretion and responsibilities of the office and all the circumstances as they reasonably appeared at the time of the action on which liability is sought to be based.
130. lappuse - Again and again the public interest calls for action which may turn out to be founded on a mistake, in the face of which an official may later find himself hard put to it to satisfy a jury of his good faith. There must indeed be means of punishing public officers who have been truant to their duties; but that is quite another matter from exposing such as have been honestly mistaken to suit by anyone who has suffered from their errors. As is so often the case, the answer must be found in a balance...
205. lappuse - United States Senate Washington, DC 20510 Dear Mr. Chairman: I am writing to express my strong support for adequate funding for the Office of the United States Trade Representative.
130. lappuse - The subjection of officials, the innocent as well as the guilty, to the burden of a trial and to the danger of its outcome would impair their zeal in the performance of their functions, and it is better to leave the injury unredressed than to subject honest officials to the constant dread of retaliation.
56. lappuse - An agent acting — albeit unconstitutionally — in the name of the United States possesses a far greater capacity for harm than an individual trespasser exercising no authority other than his own.