Brian Terry, US Border Patrol
Killed in the line of duty
I will be the first to concede that the US Government has been, is now, and will always be the target of many frivolus lawsuits. This would not be one of them. The family of a murdered Border Patrol agent is considering suing the government for its role (ATF) in the murder of their loved one.
http://www.foxnews.com/us/2011/07/11/family-murdered-patrol-agent-seek-justice/
I say to the Terry family-go for it.
5 comments:
Whether such a suit can even go forward depends on whether the USA has waived sovereign immunity.
That means checking the federal tort claims act -- if it doesn't fit a specific waiver, then there is no authority for the courts to hear the suit.
Then, the family would have to show that, but for the operation in question, the murder would not have occurred. That's a very long stretch.
Sounds like more sound and fury, without logic, reason, or factual basis. Perhaps a bad decision, but not actionable.
It is not a far cry from suing the government because a general did not provide adequate artillery support to an infantry unit sent on an offensive mission, on the theory that this caused avoidable deaths in the ranks.
You can fire people for that, if the charge is accurate, but you can't sue the government over it.
If it was anyone but the government, it is pretty much like the bartender being held responsible, at least in part, for damages a drunk causes after he sold more boozze to, even after he was drunk.
Sometime that works, Miggie, sometimes it doesn't. In any case, it IS the government. One reason even an elected government under a republican constitution exercises sovereign immunity is that the taxpayers would be on the hook for the damages, although they may be innocent of wrong-doing.
I expect there are already provisions for the agent's family, and additional appropriations if needed would be appropriate, simply because he died in the line of duty. But a lawsuit is verging on the absurd, except Gary would find it amusing.
Siarlys,
Had agent Terry not been killed by a gun that the govt. allowed to "walk" there would be no case for a lawsuit. However, he was killed by a gun that was allowed to walk in what is an irresponsible operation.
And if that gun had not "walked," then the outfit that killed him would have been disarmed?
I doubt that very much.
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