Another toad speaks!!!
Americans injured by this incident, are able to file suit under the Federal Tort Claims Act.
Historically, under the doctrine of “sovereign immunity,” you were not permitted to sue the king. Sovereign immunity has carried over to modern times in the form of a general rule that you cannot sue the government — unless the government says you can.
Fortunately, the Federal Tort Claims Act (”FTCA”) allows certain kinds of lawsuits against federal employees who are acting within the scope of their employment. And not doing their job to protect the US from high crimes and misdemeaners is one of them,
If you believe you may have a claim for negligence (careless conduct, or other wrongful or “tortious” conduct) against a federal agency or employee, you must first determine whether you can sue the federal government under the FTCA.
Although the limitations and exceptions are too numerous to review here, here are some general guidelines regarding the limitations on FTCA claims:
• Only federal employees can be sued under the FTCA, not independent contractors hired by the federal government (unless they are treated like employees).
• The negligent or wrongful conduct must have been done within the scope of the defendant’s employment.
• In general, only claims of negligence — as opposed to intentional misconduct — are allowed (though some claims for intentional misconduct can be brought against certain federal law enforcement officers).
• The claim must be based on — and permitted by — the law of the state in which the misconduct occurred.
Despite these and numerous other limitations on FTCA lawsuits, the federal government still pays out millions of dollars each year to compensate FTCA claims. Maybe it will get someone’s attention. And I’ll bet I can find at least one hundred lawyers and a number of organizations that would like to get a piece of Uncle Sugar. (hat tip FReeper redwood71)
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