County and Municipal Government in North Carolina, Second Edition, 2014 (E-book)

Civil Liability of the Local Government and Its Officials and Employees

Chapter number: 6
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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

Public Officials - Local and State Government Roles
Topics - Local and State Government