County and Municipal Government in North Carolina, Second Edition, 2014 (eBook)
Civil Liability of the Local Government and Its Officials and Employees
County and Municipal Government in North Carolina
Civil Procedure / 94
Tort Liability under North Carolina Law / 95
Intentional Torts / 95
Battery / 95
Assault / 96
False Imprisonment / 96
Defamation / 97
Negligence / 97
Nuisance and Inverse Condemnation / 98
Scope of Employment / 99
Liability of the Local Government / 100
Governmental Immunity / 100
Governmental versus Proprietary Activities / 100
Operations with Both Proprietary and
Governmental Elements / 102
Waiver of Governmental Immunity by the
Purchase of Insurance / 103
The Doctrine of Discretionary Immunity / 104
The Public Duty Doctrine / 104
Liability of Public Servants / 106
Absolute Immunities / 107
Legislative Immunity / 107
Judicial Immunity / 107
Qualified Immunities / 107
Public Official Immunity / 107
Public Officers / 107
Public Employees / 108
Liability under Federal Law / 109
Violation of Constitutional Rights / 110
First Amendment Rights of Free Speech
and Political Affiliation / 110
Fourth Amendment Rights of Freedom from
Unreasonable Searches and Seizures / 110
Fourteenth Amendment Right of Due Process / 110
Violation of Statutory Rights / 111
Liability of the Local Government / 111
Liability of Public Servants / 112
Liability of Governing Board Members / 112
Liability of Other Public Servants / 113
Insurance against Civil Liability / 113
Defense of Employees, Payment of
Judgments, and Settlements / 113
Provision of Defense / 113
Payment of Judgments / 114
Settlements / 114
About the Author / 114