ABSTRACT

Chapter 9 considers public tort law. Focus is on the conditions under which the government or their officials can be sued for tortious actions. Discussed are the sovereign and limited immunity doctrines, as well as the absolute and official immunity doctrines, that apply when suing the government and their officials. Remedies such as the Bivens remedy at the federal level and Section 1983 at the state and local levels are presented and scrutinized, mostly through case law. The question of presidential immunity is also covered. The chapter ends with an overview of the sad state of public tort law, according to scholarly opinion.