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

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

[JB in Whitefish]

"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." ~~~~~~~~~ US Government and Defense Secretary Robert S. McNamara A class action lawsuit has been filed against the U.S. government, former Defense Secretary Robert S. McNamara, and other government officials on behalf of certain Vietnam War veterans. The suit alleges that the plaintiffs were unknowingly used as test subjects for a chemical and biological warfare experiment in the 1960s, known as SHAD/Project 112. The suit is seeking damages for the cover-up by government officials of the experiments, and for the denial of information to the plaintiffs who were potentially harmed by exposure to chemical and biological agents and simulants. Without knowledge of the testing, the veterans are unable to receive medical treatment. The defendant�s motion to dismiss the case was rejected on Tuesday September 30. http://www.lawyersandsettlements.com/case/government2

[saveliberty]

Thanks for the update.

[mo]

Unfortunately, if there is no accountability in the courts...all that's left is the Second Ammendment....which is, after all, in the end, why it exists.

[RAY]

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.

It that Breyer again, Justice Breyer, what about the long standing, if not constitutional, right to "redress of grievance"?

[Liberty Wins]

"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? "

If the Dims get into the White House again, look for more Wacos and Ruby Ridges.

[Eric in the Ozarks]

My family confronted this issue after Jimmah Cahtah's federal surface mine law went into effect. Department of the Interior employees were beyond arrogant during their inspections and any appeal was back to the same federal a**hole.

[philman_36]

It that Breyer again, Justice Breyer, what about the long standing, if not constitutional, right to a "redress of grievance"?
The right to "redress of grievances" is part of the 1st Amendment and a Constitutional right.
...or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

And, as in the days of Patrick Henry, the government can ignore them.

We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne.

[Colorado Doug]

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

The unconstitutional taking of his property by the use of extortion instead the Constitutionally prescribed method gives rise to the 5th amendment claim. Property can't be taken without due process of law or just compensation.

[Colorado Doug]

Still, several justices expressed skepticism over Robbins' argument, arguing that supporting it could create a precedent

They just hate it when that pesky Constitution thingy setting precedent.

[Colorado Doug]

I filed an almost identical suit against some National Park Service thugs back in '92. Suing the NPS employees personally under RICO and section 1983 was how I did it too. After reading the Act, RICO (Racketeering Influencenced Corrupt Organization Act) really does feel like a good fit with federal land managers.

They left me alone after I filed the suit but I finally let it go. Something like that can completely consume your life. I wish Robbins all the best and am glad he got some help. It would be a great day in America for him to win.

I am a little shocked to see Laurence Tribe on the right side of a property rights issue.

In my case, the Park Superintendent was transfered and my greatest satisfaction was the new Superintendent begging me to please not pick on her. They behave much more neighborly when they suffer personal exposure for their actions.

[Dacb]

Wow. Great story, thanks. I always liked the saying, 'One man with courage is a majority'.

[PhilipFreneau]

>>>...if there is no accountability in the courts...all that's left is the Second Ammendment...<<<

If there is no accountability in the courts, the 2nd Amdendment is as good as dead. Therefore, all that would be left is the natural right to keep and bear arms for self defense.

[Colorado Doug]

I hope that you will consider posting this again, on a week day where it will get more exposure. If those self anointed posting police whine, just blame it on me. This is a very important case that could bring some measure of accountability back.

[Plains Drifter]

This is a great post, well worth those of us who believe in individual owners of property having rights over our government reading. God bless this land owner.

[Scotsman will be Free]

State, county and municipal govt is the same way. Govt employees frequently get personally and emotionally involved in their duties and will act unprofessionally as a result. I have no doubt that some govt employees harrass citizens and violate their rights as a means of retaliation. Had that problem with a county "code enforcement officer" aka building code jerk. Fortunately, the local judge routinely dismissed all of their citations because he thought that they were a bunch of jerks as well.

[Dan(9698)]

...supporting it could create a precedent

It already is a precedent in Wyoming state court.

A college professor took it upon himself to intimidate and yell at a student about something in class.

When she sued, the Prof used the "academic fredom" defense.

The Wyoming Supreme Court said, show us in your job description where you were hired to yell at a student and intimidate her. If not, you were acting outside the scope of what you were hired for.

Immunity only extends to the scope of your lawful employment.

[editor-surveyor]

This is one of the most important cases to ever be heard by the USSC.

Criminal activity by zealous actions of individuals should not be shielded by the might of the US govt.

[editor-surveyor]

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

They are on the verge of dropping out of existance.

[editor-surveyor]

Breyer...

Disgusting!

[E.G.C.]

BTTT