Define and describe the concept of state tort liability and the two types of state tort claims that matter in the law enforcement context

Question

What will be an ideal response?

Answer 1

Answer: State tort liability is an avenue of redress for aggrieved people because of negligent acts or misconduct by the police that result in minor injuries that are usually not serious enough to make Section 1983 litigation a viable option. State tort claims tend to be reserved mostly for less serious claims. Intentional torts consist of actions that are highly likely to cause injury or damage. For a plaintiff to sue successfully for an intentional tort, he or she must also show that the defendant officer knowingly engaged in the behavior. To be liable, an officer need not intend to harm; it need only be shown that the officer intended to engage in the behavior that led to harm. In a negligence tort, the mental state of the defendant officer is not at issue. Plaintiffs need only demonstrate the presence of four elements to succeed with a negligence claim: legal duty between officer and plaintiff, breach of that duty, proximate causation between officer actions and alleged harm, and actual damage or injury.