Erik Olsen, ‘The Tort of Negligent Investigation: Canada’s Recognition of the Tort as a Model for Improving Compensation for the Wrongfully Convicted’

“… This note describes Canada’s tort of negligent investigation, argues that exonerees in the United States would benefit from access to such tort liability, and explains where the tort could and could not fit into American law. In Part I, this note discusses the Supreme Court of Canada’s Hill v Hamilton-Wentworth Regional Police Services Board decision and briefly explains other international jurisdictions’ rejections of the tort. Part II.A argues that jurisdictions in the United States would benefit from recognizing the tort for the same reasons cited in Hill, namely in improving compensation for the wrongfully convicted and incentivizing investigators to improve their practices. Parts II.B and II.C then explains that although claims of negligent investigation would fail in federal courts, plaintiffs may be able to achieve recognition of the tort in state courts, even if state courts have generally been hostile to such claims in the past. Finally, Part III briefly concludes that state courts should recognize the tort in United States jurisdictions.”

€ (Hein Online)

Erik Olsen, ‘The Tort of Negligent Investigation: Canada’s Recognition of the Tort as a Model for Improving Compensation for the Wrongfully Convicted’, Wisconsin International Law Journal, volume 38, issue 3 (Summer 2021), pp 617-650.

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