exactly, but we shall see.
Or else, suddenly the USSC will say whoa, only civil liability ought to apply here and we have imposed cruel and unusual punishment. A shielding precedent for the private sphere.
This will be decided under the Trump justice department, so it will be handled differently.
If both were accidental and not gross incompence of some sort, then I’d prefer the one imprisoned be exonerated and compensated in some way.