Page 2 of 2 FirstFirst 1 2
Results 11 to 14 of 14
  1. #11
    Join Date
    Oct 2014
    Posts
    8,025

    Default Re: Help

    Quote Quoting RJR
    View Post

    I you still disagree, I'll let it go at that.
    You two are talking past each other on two different points. Budwad is noting that PA law requires a notice of intent to sue prior to filing a tort claim against a local government agency. You are addressing which torts PA law states may be the basis of a claim against a local government. While defamation is a tort, it is not included within the list of the torts that PA allows as a basis for a tort claim against a government agency. That's not unusual; the federal government excludes defamation claims from the Federal Tort Claims Act which specifies which torts the federal government may be sued for. So as I see it, you are both correct, just addressing different issues.

  2. #12
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    423

    Default Re: Help

    I understand that completely TM, but since the topic was about Dereliction of duty, the tort claims act has Zero bearing and probably confused the poster is all I was getting at, nothing against Bud.

  3. #13
    Join Date
    Nov 2013
    Posts
    6,935

    Default Re: Help

    If you go back and read what I posted you will find that I said that OP could not sue for dereliction of duty. Then I posted that if the mayor did something that harmed OP specifically that he could sue but would have to file the tort claim notice.

    Don't make the post about something it is not.

  4. #14
    Join Date
    Sep 2018
    Location
    Ohio
    Posts
    423

    Default Re: Help

    Quote Quoting budwad
    View Post
    If you go back and read what I posted you will find that I said that OP could not sue for dereliction of duty. Then I posted that if the mayor did something that harmed OP specifically that he could sue but would have to file the tort claim notice.

    Don't make the post about something it is not.
    I really apologize Bud, my error, I don't know how I missed that. I wish you would have corrected me earlier, the old noggin is not as sharp as it was in my handsome youth.

    Quote Quoting Taxing Matters
    View Post
    You two are talking past each other on two different points. Budwad is noting that PA law requires a notice of intent to sue prior to filing a tort claim against a local government agency. You are addressing which torts PA law states may be the basis of a claim against a local government. While defamation is a tort, it is not included within the list of the torts that PA allows as a basis for a tort claim against a government agency. That's not unusual; the federal government excludes defamation claims from the Federal Tort Claims Act which specifies which torts the federal government may be sued for. So as I see it, you are both correct, just addressing different issues.
    I see now I was incorrect about what bud meant.

    1. Sponsored Links
       

Page 2 of 2 FirstFirst 1 2
 
 
Sponsored Links

Legal Help, Information and Resources