Palum
what Suineg set it to
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No, you cannot sue the federal government. You'd have to prove gross negligence to sue individuals and then they would be personally liable with only those assets at risk.
Boston Marathon Explosion - Today's Topics: Public Schools
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Guest, it's time once again for the massively important and exciting FoH Asshat Tournament!
Go here and give us your nominations!Who's been the biggest Asshat in the last year? Give us your worst ones!
He also had his penis bit by an acne-scarred beast and then shut down his old forums after we all laughed at him about it.
Jovec
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Yes, my language was imprecise. Palum is talking about what you can do under the Federal Tort Claims Act (suing individual government employees for negligence). The Federal Government has sovereign immunity, but my understanding is that you can sue various government departments, like the FBI. The Marathon organization itself will likely also be a target.
Federal agencies, like the FBI, have sovereign immunity. The FTCA waives sovereign immunity for federal law enforcement agencies only for specific intentional torts. Unless you plan on suing the federal government or FBI for intentionally bombing the Boston marathon they can't be sued.
Isn't it the Obama administration making the call this time? I am all for you blaming Republicans when you can but this one is on Barry.
Fuse
Silver Knight of the Realm
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I'm finding myself tempted to feel some sympathy for the kid in custody for some reason, but then I remember that picture of him dropping the bomb behind that 8 year old kid, and well, fuck that fucking piece of shit.
I do think he should have been mirandized though.
London marathon tomorrow. Wonder how security there will handle people with backpacks.
I do think he should have been mirandized though.
London marathon tomorrow. Wonder how security there will handle people with backpacks.
Burnem Wizfyre
Log Wizard
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iannis
Musty Nester
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I hope there's a trial and I hope it's in a civilian court.
I don't doubt that he did do this. They need to prove it. He's captured, he's in custody, there's no danger that he's going to go on a killing spree. The investigation system worked. Now it's time to let the justice system work.
I don't doubt that he did do this. They need to prove it. He's captured, he's in custody, there's no danger that he's going to go on a killing spree. The investigation system worked. Now it's time to let the justice system work.
Well, yes and no (as always).
No you can't successfully sue the feds for this sort of thing. They get immunity from almost everything because, well, they wrote the laws and all. You'll get bounced early and probably get pounded for fees on top if the judge is well paid.
On the other hand, 'merica believes that you can go to court for, well, anything. And you can! You absolutely *can* sue anyone or anything you want whenever you want. Not going to win, no. Sue though? Abso-fucking-lutely!
On occasion you might even get some relief. That's pretty much stuck to really gross negligence or eminent domain stuff though.
Szlia
Member
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There is something a bit pathetic with a terrified and wounded teenager on the run hiding in a boat like a stray dog and it's normal to feel some empathy for the guy, but the 'my brother made me do it' line of defense will be extremely difficult to hold when the prosecution will show him strutting around with a bomb on his back and a smile on his face.
Noodleface
A Mod Real Quick
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Just imagine the look on everyone's faces when they see him smiling while the little kid is standing on the railing. Any bit of empathy anyone would have for him would be instantly gone.
Hekotat
FoH nuclear response team
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Namon
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http://www.huffingtonpost.com/2013/0...ef=mostpopular
Pretty scary stuff. I know that this guy is really did an awful thing, but holy crap this should never be allowed because it will be surely abused at one point or the other. I'm not willing to give up my civil liberties just to feel safe... especially with the wolves who are doing the protecting in the first place.
And as far as Intelligence gathering... hell due process anymore means at least a year or even a year and a half. They can't use that time to get info from the kid (which may not be possible due to constitutional limitations I know)?
Pretty scary stuff. I know that this guy is really did an awful thing, but holy crap this should never be allowed because it will be surely abused at one point or the other. I'm not willing to give up my civil liberties just to feel safe... especially with the wolves who are doing the protecting in the first place.
And as far as Intelligence gathering... hell due process anymore means at least a year or even a year and a half. They can't use that time to get info from the kid (which may not be possible due to constitutional limitations I know)?
Falstaff
Ahn'Qiraj Raider
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Where else are we going to talk about this situation if it gets sent to the hall of fame? The political thread? Sorry, that thread is about gun control now apparently after it spent 3 days being the new Atheism thread.
The only way this thread sees the hall of fame is if it heads to the rickshaw, and with Aychamo actively posting, well, that isn't far away.
The only way this thread sees the hall of fame is if it heads to the rickshaw, and with Aychamo actively posting, well, that isn't far away.
Famm
Ahn'Qiraj Raider
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This shit doesn't belong in the hall of fame just because a bunch of people listened to police scanners. Your great grandparents have been doing that shit for no reason for years. How about not being butt hurt when events with clear political ramifications develop into political discussions, or GTFO?
Yeah. Like it or not this event is political and the consequences of not giving miranda rights right away is a continuation of the fight over gitmo detainees.
Fezziwig
Joviality incarnate
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A question for you legal eagles out there: What would happen if they just didn't Mirandize him? If I recall correctly, giving an arrested person their rights is mainly to be able to use anything said by the defendant after that in court. With him having admitted to the guy whom they carjacked that they were the bombers, the video of him placing the bag, the DNA from the boat/shootout, etc., it seems they have more than enough evidence to convict without even getting a statement from him.
Wouldn't that allow them to continue to pump him for more info re: foreign involvement but still allow him to be tried in a civil court?
Just curious if something like that would be possible.
Wouldn't that allow them to continue to pump him for more info re: foreign involvement but still allow him to be tried in a civil court?
Just curious if something like that would be possible.
