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Full-Text Articles in Torts
Municipal Liability For Torts Committed By Volunteer Anticrime Groups, Henry C. Collins
Municipal Liability For Torts Committed By Volunteer Anticrime Groups, Henry C. Collins
Fordham Urban Law Journal
Volunteer anticrime groups are effective in deterring crime by exercising the statutory power to effect citizen's arrest. As a result of using this statutory authority though, the municipality may face liability, for example, where a volunteer anticrime group effected an unlawful arrest, or for use of excessive force against the arrested individual. This comment explores what a plaintiff must prove when he proceeds under various causes of action: an action under 42 U.S.C. section 1983, a state law, or a Bivens-type cause of action, in order to recover against a municipality for torts committed by anticrime volunteer groups. The Comment …
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
New York City's Pothole Law: In Need Of Repair, Terri J. Frank
Fordham Urban Law Journal
In 1979, New York City enacted a local law requiring prior written notice of a defect before the city may be found liable for injuries resulting from potholes. But a prior written notice statute interferes with the traditional negligence doctrine of constructive notice. This Note examines traditional common law negligence as it relates to municipal liability. The procedural requirements and legislative history of the Pothole Law are analyzed. In addition, the legal and policy considerations surrounding its enactment are discussed. This Note recommends an alternative solution to the statute which takes into account both the procedural inequities of the law …