Can Federal Government Be Held Responsible for Katrina Damage?
I found this NPR story interesting because it deals with suing the government, and explores the legal contours of when the government can be held legally responsible for wrongdoing.
Historically, a person could not sue the government because the government enjoys "sovereign immunity." However, the federal government and the states, including Oregon have enacted statutes allowing it's citizens to bring the government to court, but only under certain circumstances. I am more familiar with the Oregon Tort Claims Act, and it allows a person to sue the State government for the negligence or wrongdoing of its officers and employees. If a state employee causes a wreck, then there is a claim. However, if someone is harmed because a discretionary policy decision, then the government agency is immune from suit. For example, a city government in Oregon may only have so many police officers on staff at one given time. If a crime occurs in a high crime area, a victim would not be able to make a claim against the police for not having enough cops on patrol in that particular neighborhood. The theory is that these suits should not serve to second guess a public official making decisions based on limited resources. This is called "discretionary immunity," and my explanation is simplistic, and rough. There is a whole bunch of case law out there on the subject.
In Oregon, you must first give the state agency notice of your intent to sue, and must spell out the details of the facts giving rise to the suit. This is called a tort claims notice, and the time limit depends on the type of claim you intend to bring, whether it be a personal injury, property damage, or wrongful death claim. The theory behind the notice requirement is that the notification allows the government agency to investigate the claim, and settle the claim if necessary. If you do not first file the notice, you have no right to file the lawsuit later on if the case does not resolve.
Federal Tort claims are a lot different. You must file your notice of claim within two years for a personal injury claim with specific money amounts claimed in the notice. You can do nothing for at least six months while the federal agency decides how to respond to the claim. In the Oregon tort claim system, you can file a case in court any time within the time limit for the notice of tort claim, or, you can file any time after you provide the notice, so long as you are in the statute of limitations (this is the time you have to file a case in court).
There are other issues swirling around federal and state tort claims, including monetary limits, which the Oregon Legislature addressed recently.
The bottom line on tort claims is to make sure you know the rules. Unlike an injury claim against another individual, there are additional time limits, monetary limits, and notice requirements.
