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What is the definition of a Tort?
A tort is an injury or damage against a private citizen for which the citizen seeks personal compensation (i.e. money damages). It is redressed by the citizen’s (plaintiff’s) bringing suit against the person or entity responsible
What are the three general types of torts?
- Negligent torts
- Intentional torts
- Constitutional torts
What is a negligent tort?
- A cause of action against an officer based upon assertions of negligence normally arises in a situation where an officer by his/her act or failure to act (omission), causes injury to the Plaintiff.
- The officer and / or agency can only be held liable for negligence if all of the following elements are present filed by the plaintiff:
- a) Duty to Plaintiff
- b) Breach of Duty
- c) Proximate Cause
- d) Damages
What is an "intentional tort?"
An intentional tort occurs when an officer intentionally, knowingly, recklessly or willfully and maliciously acts or fails to act in a situation which results in damage to the plaintiff.
What is a "constitutional tort?"
Constitutional tort occurs when an officer violates a person’s constitutional rights and that violation results in injury or damage to the plaintiff
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