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![]() Paul Tomblin wrote: In a previous article, "Robert Barker" said: Perhaps they're using this suit to get information under "discovery" to find out what the CIA is really up to. Then when they get the info, they'll drop the suit and go after the real perps... You can't sue the government. You can only hold them accountable at election time. Sure you can. Happens every day. But you have to go to Federal Court and they have to allow you to sue them. |
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...and they have to allow you to sue them
That has always struck me as so odd. Why would they allow you to sue them? Jose -- There are two kinds of people in the world. Those that just want to know what button to push, and those that want to know what happens when they push the button. for Email, make the obvious change in the address. |
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On Jun 3, 7:16 pm, Jose wrote:
...and they have to allow you to sue them That has always struck me as so odd. Why would they allow you to sue them? Jose Under traditional English law, from which our legal system is largely derived, the government is protected by the doctrine of sovereign immunity ("The King can do no wrong.") However, most, if not all, government entites in the US (the fed as well as states, cities,etc) have waived the doctrine for certain classes of cases, hence "allowing you to sue them." Rarely does the gov't waive the protection on a case by case basis. The plaintiff in this case is probably hoping to fit into some general category of case in which the govt has already waived its sovereign immunity. That said, I agree that the case should be without merit. |
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On Mon, 04 Jun 2007 01:16:49 GMT, Jose
wrote: ...and they have to allow you to sue them That has always struck me as so odd. Why would they allow you to sue them? The issue seems to be "standing." Wikipedia has a fairly terse article with that title. It seems to say that you can sue the government in Federal Court if you can show the court that you have been injured or would be injured by something the government has done or wants to do, but Congress can force the Court to take a case it doesn't want to hear by passing an act for that specific purpose. As a layman, I think this is different than ordinary tort law, where the bar is set much lower. Don |
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