The State's Main Arguments
- The state argues that in view of the nature and nature of the defendant's actions, as they were also described in the indictment filed against him, in the case at hand, the responsibility for the acts and their results rests entirely on the defendant's shoulders, and that not even part of the responsibility should be attributed to the state; The state expressed reservations about the policeman's actions through prosecution and conviction; The plaintiff's negative contribution to the incident should not be ignored and should be taken into account when examining the claim.
The state was not negligent in employing the defendant; She could not have foreseen his actions, and certainly did not allow or approve of his actions; Although the incident began as a routine incident of registering a traffic ticket, it later spilled over from a professional event into a personal confrontation between the defendant and the plaintiff, which included excessive use of force in personal revenge on the part of the defendant.
During his service in the police, the defendant underwent comprehensive training in which content on issues of human and civil rights, the meaning of the powers of the police officer, including the use of force, and the duty to use force with the utmost caution, were emphasized, only in cases that are justified and permitted by law.
The state acted lawfully; She treated the violent event with the utmost severity; The incident was investigated, and the policeman was prosecuted and convicted; In doing so, the state expressed its clear position that it does not permit this type of behavior and that it does not approve it retroactively.
- Even if it is decided that the state is liable, whether direct or vicarious, the responsibility must be divided between the state and the police officer in such a way that the defendant bears mainly the responsibility in light of the circumstances of the incident.
The mere imposition of vicarious liability does not remove responsibility from the defendant's shoulders for his tortious act.