Law Commons^™

Of Tort Reform And Millionaire Muggers: Should An Obscure Equitable Doctrine Be Revived To Dent The Litigation Crisis?, Robert A. Prentice

San Diego Law Review

Few stories have more power to outrage than that of Bernard McCummings, the "millionaire mugger" who was awarded $4.3 million by a jury after he was shot by a police officer allegedly using excessive force. This Article focuses on an equitable doctrine which could bar recovery in cases like that of McCummings and, potentially, in a much broader range of cases. The equitable doctrine, "ex turpi causa non oritur actio," means essentially that a person who has committed an illegal or immoral act may not bring a lawsuit. This Article examines how the doctrine is applied in selected western common …