Posted on 07/14/2004 1:53:47 PM PDT by Former Military Chick
Taxpayers liable in Janklow suit, judge rules Associated Press
Published July 14, 2004
SIOUX FALLS, S.D. -- Former U.S. Rep. Bill Janklow was on official business when he caused a fatal accident last summer, so taxpayers should pay any damages in a wrongful death lawsuit, a court ruled Tuesday.
U.S. Magistrate Arthur Boylan sided with U.S. Attorney Tom Heffelfinger's conclusion that Janklow, 64, was on official business Aug. 16 when he sped through a stop sign near Trent, S.D., and collided with motorcyclist Randy Scott, 55, of Hardwick, Minn.
Boylan concluded that the federal government, not Janklow, should be listed as the defendant in the lawsuit filed by Scott's mother, sister, son and daughter.
The family's lawyer, Ronald Meshbesher of Minneapolis, wanted the case moved back to state court in Minnesota so the family could get punitive damages, something not allowed if the case stays in federal court.
Meshbesher said he will file an objection with U.S. District Judge Ann Montgomery in hopes of getting the ruling reversed.
If that doesn't work, he will appeal to the 8th U.S. Circuit Court of Appeals, he said.
Janklow had appointments or appearances over two days in the South Dakota cities of Rapid City, Pierre and Aberdeen and was on his way to his home in Brandon when he went through a stop sign at an intersection of two county highways.
In his ruling, Boylan concluded that Janklow and his chief of staff, Chris Braendlin, drove by but did not stop at Janklow's mother's house minutes before the accident.
"Even assuming he had stopped to visit his mother in Flandreau ... the diversion would have been inconsequential in this instance," Boylan wrote.
The magistrate also concluded that Janklow's driving habits did not remove him from coverage by the Federal Tort Claims Act that legally protects federal employees.
"It is foreseeable that improper driving conduct, including conduct that can be construed as reckless, would occur," Boylan wrote.
Meshbesher disagreed with the conclusion.
"The gist of the ruling is that he was acting within the scope of employment. And the fact that he was convicted of a criminal act did not take him out of the scope of employment because it was foreseeable that his employer, whoever that might be, would have expected a traffic accident," he said.
Heffelfinger said the decision follows his interpretation of the law.
"I appreciate the unique nature of this case and all the work the magistrate put into it," he said. "This matter is really a fairly pure interpretation of a rather well-defined set of facts being applied to a rather well-defined body of law."
Janklow, who was elected to Congress in 2002 after serving a total of 16 years as governor, spent 100 days in jail after being convicted of speeding, running a stop sign, reckless driving and second-degree manslaughter. He resigned from the House in January.
His lawyer, William Fuller, and Scott's mother, Marcella Scott, did not want to comment Tuesday. Janklow could not be reached for comment.
© Copyright 2004 Star Tribune. All rights reserved.
Now the taxpayers are footing the bill!! Outraged in middle America!!
No, this is correct. The problem is that when a cop shoots the wrong person or a drunk politician cacks someone, the government doesn't sue the individual to recover costs.
Taxpayers will have to pay for any civil damages awarded in a wrongful death lawsuit against former South Dakota congressman Bill Janklow, as a result of a federal judge's decision today. Janklow is accused of causing an accident that killed Randy Scott, of Hardwick, Minnesota. The family's lawyer says he will appeal the decision so that the family can recover punitive damages. Tonight, the family's attorney joins Dan to discuss the case.
I am sorry, perhaps I am so mad that I cannot understand your reply. Mind clarification?
Thank you kindly! -Chele
Let me add my outrage to this. How can anyone ever again say "public servant" with a straight face? After twelve years of the lawless Clinton's we get this. It is enough!
Taxpayers to pay for Teddy Kennedy manslaughter trial
Anyone accountable in DC?
This loophole needs to be closed. Reimbursement should not be made when a criminal conviction is involved.
His employer, in this case the government, is liable. However, the employer has the option, and in the case of the government the duty, becaue they have a duty to protect our wallets (HA! They take that seriously, right?), to collect from Janklow himself, due to Janklow acting outside of what the employer should have to cover.
I think we all are outraged or I know I am. Maybe in a state of shock. As Albert Pike says "The jockey in politics like the jockey on the track, is rotten from skin to core".
Duty, well I am still waiting for them to act in the best interest of the voter. Perhaps it will happen before I enter the pearly gates.
Actually had not noticed that. Good point. I had tried to post from the source but it only allows excerpt from MSNBC so I went ahead and searched for a venue that allowed it ... I still wonder why folks aren't more outraged over this ....
BTW, Janklow's a Republican, which makes that fact's absence truly puzzling. Must have been a rush first draft.
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