18:49
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Simple English definitions for legal terms
government tort
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A quick definition of government tort:
A government tort is when the government or one of its workers does something wrong that hurts someone else. This can include things like hurting someone's reputation or damaging their property. If the government is responsible, the person who was hurt can try to get money to make up for what happened. Sometimes, the government is allowed to say they can't be sued for these things.A more thorough explanation:
A government tort is a civil wrong committed by the government through an employee, agent, or instrumentality under its control. The tort may or may not be actionable, depending on whether the government is entitled to sovereign immunity. A tort action against the U.S. government is regulated by the Federal Tort Claims Act, while a state action is governed by the state's tort claims act.
For example, if a police officer uses excessive force during an arrest, it could be considered a government tort. The victim could file a civil action directly against the officer for violating their constitutional rights under 42 USCA § 1983.
Another example of a government tort is if a city employee causes damage to someone's property while performing their job duties. The victim could file a claim against the city under the state's tort claims act.
Overall, a government tort is a civil wrong committed by the government or its employees, and the victim may be able to seek damages through a civil action or claim.