[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: Suing/Reputations (was: Root Causes)





On Thu, 13 Jul 1995, Damaged Justice wrote:

> Title 42 of the United States Code is the section that describes
> the process by which one may sue a government official. However:
> 
> "...an officer may be held liable in damages to any person injured in
> consequence of a breach of any of the duties connected with his
> office...The liability for nonfeasance, misfeasance, and for malfeasance
> in office is in his 'individual', not his official capacity..." 70
> AmJur2nd Sec. 50, VII Civil Liability.
> 
> So the trick is to sue the offender as an individual, and not as a
> government official.

I composed my "misfeasance in office" post before reading this
thoughtful  and well researched message from Damaged Justice.
I had read all of the messages in my mailbox with "Re: Root
Causes" as the subject, but missed this one, since the subject
line had been changed.

Damaged Justice has looked into this in much greater depth than
I have, and raises some interesting possibilities.  
(Obviously, IANAL.)

AR

%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%=%#%
"Government is not reason... it is force.  Like fire, it is a dangerous
servant and a fearful master."                      - George Washington
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Allen Robinson...................................sebaygo@intellinet.com
PGP public key AD022AA9   fingerprint 5A3BC05B2EC67724 F5664A20AEEAB07A