[Hank Rearden]

I can understand the Scott family wanting to give up and throw in the towel. They need to close this chapter of their lives.

They're not giving up - they're going to steal a lot more money from taxpayers (who committed no wrong against them) instead.

If they were "giving up", they'd give up, instead of filing a new lawsuit against the taxpayers.

[BraveMan]

If memory serves, the Scott family through their lawyer have been the driving force behind moving this litigation from the federal courts to the state courts, to avoid this very scenario where the taxpayers instead of Janklow end up picking up the tab. As I understand, the Scott family has been vigorously fighting this move to the federal courts. They did not want the taxpayers to bear the financial burden any more than you or I do.

Now they could continue to fight this for years I suppose. I would think continuing to contest the move from the state to federal courts is wearing them down. They have a substantial emotional investment in all of this the other side is not encumbered with. Do I fault them for not continuing to fight the good fight? In a word, no.

Do I think they should give up any claim to compensation for their loss simply because some fed is pushing the burden on to the taxpayer? Again, no.

I feel strongly the Scott family deserves some sort of compensation for their loss. I gather from the tone of your response you have some misgivings with the Scott family receiving any compensation whatsoever from the taxpayers. Tell you what; I'll cover your fair share of the cost. Figure out how much is coming out of your own pocket and I'll cut you a reimbursement check . . .

[LibertarianInExile]

Nope. FTCA doesn't allow punitive damages, as I recall.