To: NoLibZone
Glenn Reynolds at Instapundit suggests offended parties might make use of
Bivens actions. This makes the gov't offender personally liable for damages. From the link:
- a Bivens suit is a personal suit against the official, and punitive damages are recoverable.
- Since a Bivens action is brought against a federal official in the officials personal capacity, it is not considered to be an action against the United States and therefore is not barred by sovereign immunity.
- Procedurally, a plaintiff is entitled to a jury trial in a Bivens action
- Qualified immunity applies to federal officials and agents who perform discretionary functions, but may be overcome by a showing that their conduct violated a constitutional right.
21 posted on
05/17/2013 1:48:59 PM PDT by
Paine in the Neck
(Socialism consumes everything. Bolshies' gonna bolsh.)
To: Paine in the Neck
This would be delicious. The little fish need to know about this. Jay Secula needs to get this underway in a class action lawsuit against all of the little fish. They deserve it, they are not innocent and just following orders.
We know from the trials at Nuremberg that following orders does not make one innocent of crimes against humanity or any other crime.
To: Paine in the Neck
“offended parties might make use of Bivens actions.”
TENS OF THOUSANDS of them, all filed separately. Don’t allow a class-action. BURY these people in a blizzard of paper.
90 posted on
05/17/2013 3:39:59 PM PDT by
tcrlaf
(Well, it is what the Sheeple voted for....)
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