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View Diary: DEA Leaves Man in Cell for Five Days Instead of Releasing Him-No Food, Water, or Toilet (245 comments)

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  •  bullshit: you can sue for negligence, see link: (13+ / 0-)

    You can't sue government for policy but you can sue for negligence, which is basically dereliction of duty.

    http://www.nolo.com/...

    There is no question that leaving someone in a holding cell for five days with no water constitutes severe dereliction of duty, because that can produce fatal dehydration.

    --- quotes ----

    "Slip and fall in a post office? Injured in a traffic accident involving an FBI agent? Medical malpractice by a Veterans Administration doctor? These are only a few examples of the potential negligence claims against the federal government. If you have a claim against the feds, often your only option is to sue the federal government under the Federal Tort Claims Act (FTCA)."

    "...here are some general guidelines regarding the limitations on FTCA claims:

    Only federal employees can be sued under the FTCA, not independent contractors hired by the federal government (unless they are treated like employees).

    The negligent or wrongful conduct must have been done within the scope of the defendant's employment.

    In general, only claims of negligence -- as opposed to intentional misconduct -- are allowed (though some claims for intentional misconduct can be brought against certain federal law enforcement officers).

    The claim must be based on -- and permitted by -- the law of the state in which the misconduct occurred.

    Despite these and numerous other limitations on FTCA lawsuits, the federal government still pays out millions of dollars each year to compensate FTCA claims. So if you think you may have a valid claim, it may be worth pursuing."

    --- end quote ---

    This kid needs to get a lawyer ASAP.

    And hey, "therealcervantes," you need to get a clue and don't go spreading pre-emptive defeatism.  

    "Minus two votes for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

    by G2geek on Wed May 02, 2012 at 03:31:02 PM PDT

    [ Parent ]

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