more details in link
Outrage piled upon outrage.
Shocking!
I'd go to jail for a year if i was promised Janklow would be my cellmate the entire time.
The terror I would instill in that SOB would make the devil himself "Giggle" with joy.
RIP Randy Scott.
The lawyer is letting it stand because the US govt has deeper pockets.
This is just another example of the priveleges that an elected official gets when in office. If a military member commits a crime, the military quickly cuts the ties that bind and the military member is on their own to deal with any civil/criminal litigation after the military has taken their pound or two of flesh out of them.
The govt needs to let this guy go out on his own and let him fend for himself!
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this POS needs to be in a crowded jail cell with multiple "bubbahs" for a loooong time
The results of lawyers making laws - enforcing laws - judging laws.
HITLERs
How do I get one of those "commit crimes with impunity" passes?
This ought serve as a caution for those about to enter the voting booth.
I hope a drunk driver takes him out, because we're not only getting no justice, we have to pay for his evil actions?
Damn government.
Maybe some federal employee can post relevant law or policy. I was a state employee for 18 years. If someone was drunk driving and sppeding the state was free to not pay damages since the person was violating the law, even though on-duty. Law violations, outside-the-scope of duties, were standard exceptions to the state indemnifying the employee.
This ruling is complete horseshit. This is another judge on the bench stretching. Janklow was DUI--FTCA doesn't and wasn't intended to apply to that unless the drunk bastard was going home from work or somehow otherwise 'on duty,' which I sincerely doubt from the facts cited in another article.
"Janklow had appointments or appearances over two days in Rapid City, Pierre and Aberdeen and was on his way to his Brandon home when he went through a stop sign at an intersection of two county highways.
In his ruling, Boylan concluded that Janklow and his chief of staff, Chris Braendlin, drove by but did not stop at Janklow's mother's house minutes before the accident.
"Even assuming he had stopped to visit his mother in Flandreau ... the diversion would have been inconsequential in this instance," Boylan wrote.
The magistrate also concluded that Janklow's driving habits did not remove him from coverage by the Federal Tort Claims Act that legally protects federal employees.
'It is foreseeable that improper driving conduct, including conduct that can be construed as reckless, would occur,' Boylan wrote. "
How and where did he get drunk? Was he chuggin' a flask or did they stop at a bar or what? That is highly relevant to the case, and I don't know from the facts here. Does anyone else?
The Scotts aren't going after the deep pockets--they'd prefer to be in Minnesota courts, where they can get punitive damages! Instead, the courts are happy because they get to do a little CYA for a congressman, which will make Congress feel much safer as they drink and drive at events.
The solicitor had better be going after Janklow for reimbursement after this.