ABSTRACT
This chapter examines liability actions brought against criminal justice personnel under both state and federal tort theories. Negligence claims against criminal justice personnel are based on state tort law. Negligence definitions differ from state to state, but generally mean the absence of care according to the circumstances. Criminal justice personnel perform a variety of duties. The authority to perform these duties does not automatically create a legal duty to perform these functions or a duty to perform them with reasonable care. Tort actions asserting misconduct on the part of police officers or correctional personnel are brought under state tort law. An individual bringing an action against a federal agent, however, cannot file an action under state tort law theories, but must file a claim in accordance with the Federal Tort Claims Act. There are a number of defenses to tort actions. The chapter discusses the only three types of tort actions: contributory negligence, comparative negligence, and assumption of the risk.
