Free Republic
Browse · Search
General/Chat
Topics · Post Article

I’ve been following this story for awhile. The federal officer actually tried to shoot the civilian, but the gun jammed.

The linked site explains the situation well. But the site is more of a commercial site than a news site. So I thought it best to put this post in Chat instead of News.

1 posted on 09/18/2021 10:49:12 AM PDT by Leaning Right
[ Post Reply | Private Reply | View Replies ]


Navigation: use the links below to view more comments.
first previous 1-2021 last
To: Leaning Right
The case is about a particular kind of FEDERAL court suit called a Bivens action. It is a way to sue Federal officers "acting under color of law" similar to a Section 1983 suit against state officials (the usual excessive force case).

It is judicially created and so subject to various constraints. I am not saying right or wrong here, but this case says nothing about whether you can sue the federal official in STATE court for shooting you as a private tort, just as I can usually sure you in STATE Court for shooting me.

There are sometimes advantages to a plaintiff being in Federal Court (less likelihood of small town prejudice, maybe can get attorney fees sometimes), but this case does not have any impact on what state law says you can do to sue a person, federal official or not.

66 posted on 09/20/2021 3:18:31 PM PDT by BohDaThone ( )
[ Post Reply | Private Reply | To 1 | View Replies ]


Navigation: use the links below to view more comments.
first previous 1-2021 last

Free Republic
Browse · Search
General/Chat
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson