High court hears case on right to sue federal employees[Wyoming}

GOVExec.com ^ | 20 March 2007 | Brittany R. Ballenstedt

[Dacb]

'The dispute in this case goes back to 1994, when Robbins purchased a guest ranch in Wyoming, not knowing that the BLM, which controls the federal land adjoining the ranch, had granted the previous owner a right of way over federal land in exchange for an easement. Though the previous owner had properly recorded the right of way, the BLM had not yet recorded the easement when Robbins purchased the ranch. When a BLM employee asked Robbins to reinstate the easement without offering any compensation, Robbins declined.

Robbins alleged that a series of retaliatory acts followed. He argued that the employees brought false criminal charges against him, revoked his grazing and recreational use permits and trespassed on his property.'

This one has been overshadowed by the 'Bong hits for Jesus' case,

Seems like a call to your local sheriff would prevent the Feds from tresspassing.

[jim35]

There should be some recourse for a private citizen to end, and gain compensation for, government employee harassment, but if the door is opened here, it's going to be a veritable Pandora's Box.

[cake_crumb]

But the real question is: shouldn't it be a matter of personal responsibiliy? I'm sick of federal employees breaking laws and getting nothing but a wrist slap and a sentence to therapy while a private citizen would wind up in prison. Like the female Forestry Dept firefighter who started a wildfire in Colorado in an attempt to murder her estranged husband got even after her actions directly caused the deaths of several other firefighters in an accident caused on their way through one burning area to head off the fire in order to fight it.

If the men in question received specific orders from someone higher up let them prove it in court so the actual guilty party can be persued. With criminal charges if necessary. 'Course the problem with criminal charges is they would have to be preferred by the USAG, which never happens under Gonzales.

[Dacb]

I would never expect the Gov't to allow itself to be held accountable. He will lose. No accountability.

[JillValentine]

That's right. They never let themselves be held accountable.

[philman_36]

Still, several justices expressed skepticism over Robbins' argument, arguing that supporting it could create a precedent that would flood the legal system with similar lawsuits. "The possibility of the legal imagination becomes endless," Justice Stephen Breyer said.

And if they don't do something to stop government employees from abuses like the ones described where will we be in ten years, twenty years?
Government employees might very well take the verdict as an unwritten license to do as they choose, even up to performing illegal actions, 'cause they know they can get away with it.
(not that things would be that much different from the way things are now...)

[philman_36]

An FYI article/case.

[freeplancer]

Check out this link. Some state employees harrassed a taxidermist and he sued their ass. He won in a way.


http://pgchallofshame.com/stories/page8.htm

[cake_crumb]

Yep. No controlling legal authority, on account of that's OUR money they've been using to keep this case tied up in court since 1998, while the rancher is forced to use his own.

[Dacb]

I know the Paragon Foundation has helped him with his case. Good institution.

[cake_crumb]

At least a won a moral victory. Unfortunately his career is still ruined.

[cake_crumb]

"I know the Paragon Foundation has helped him with his case. Good institution."

I'm glad he got financial help.

[Savage Beast]

Big Brother is watching YOU!
(And don't you forget it!)

[moonman]

I know a married woman who was harrassed in an online internet chatroom. She refused his advances time and time again. She experienced her credit cards being refused everywhere. She was arrested in a store for using a credit card of a 'deceased' person and charged with having stolen ID, credit cards, theft and fraud.

The person who caused all this havoc in her life was traced to an employee of the Social Security Adminstration. The idiot even used his computer at work for the online chatrooms.

She contacted a lawyer and sued. All her claims were denied because he worked for the federal government. She never received a dime for all her misery.

[AZRepublican]

He doesn't have a 5th amendment case because he was never charged with a crime and the denied due process of the laws.

[saveliberty]

When private individuals sue government employees, guess who pays?

It's right to hold people responsible, but the bigger issue is holding individual employees accountable in criminal court cases.

[AZRepublican]

and the = and then

[saveliberty]

Sorry, why didn't criminal law apply to an individual employee of the Social Security Administration?

[Dacb]

Here is a Legal Times article on the subject.

He was brought up 'criminal charges of interfering with federal agents during their duties'. The jury acquitted him after deliberating for less than 30 minutes.

http://www.law.com/jsp/dc/PubArticleDC.jsp?id=1173776608097

[moonman]

I only know the situation 2nd hand. Although she is personally known as a 'drama queen', the perp claimed he ACCIDENTLY mis-entered data and it was a 'typo'. He was knocked down 2 paygrades along with a 'no-no' put in his file. That was the last I heard of the incident.