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Ghost ship trial

Discussion in 'Industry News' started by cda, May 16, 2019 at 8:11 AM.

  1. cda

    cda Sawhorse

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    chris kennedy likes this.
  2. Mark K

    Mark K Platinum Member

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    It is simple and is derived from English common law. Basically when performing a governmental function the governmental official is immune from liability. In some states, such as California, this concept has been codified into law.
     
  3. cda

    cda Sawhorse

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    Yea but if they do not take care of business, they can be sued or wind up in jail
     
  4. Mark K

    Mark K Platinum Member

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    cda

    Point me to an appellate court ruling. Is there something different in your state. I speak to the situation in California.

    If they don't take care of business they can be voted out of office or fired if not elected. The courts can issue a writ of mandamus to compel them to enforce specific laws but compels action but does not create personal risk.

    They can be jailed if they break a law but not for not doing their job.

    Public employees can be sued only if they are doing something that is not a part of their job. If a building official were to design a building for somebody they could be sued the same as an architect or engineer. but if reviewing a building in the normal course of their job there is no liability.
     

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