Marine sues Murtha for slander (from paper in Murtha's district)

The Daily American ^ | 9-26-08 | Michelle Ganassi

[smoothsailing]

Sharratt-Murtha-Slander ping

[JaneNC]

GOOD!!!!!!!!!!!!!!!!!!!!!!

[GitmoSailor]

Bumpty Bump!!!!...

[RedRover]

[Kolb]

Great news! Hoorah!

[smoothsailing]

LOL! The noose is a nice touch!

[Lancey Howard]

Wow! This is a pretty fair report.

He (Murtha) said members of the “highest levels of the Marines told him what happened.” He also alleged a cover-up by the Marine Corps.

I would love to see those "high level Marines" get named by Murtha and then put under oath themselves. If such Marines exist (big "if"), I want their careers ended. On the other hand, I want Murtha's career ended even faster.

[smoothsailing]

Murtha has gone mute, a difficult task for such an unprincipled windbag.

Murtha will never name names, knowing they’d crucify him. IMHO, Murtha made the whole damn thing up. May he rot in hell. *spit*

[lilycicero]

Sharratt is seeking damages as well as attorney’s fees for emotional distress

Give Justin and his family all of Murtha's earmarks.......

[RedRover]

Thought you’d like that. I know I do!

[haircutter]

greetings from Somerset, PA.

Please don't give the Daily American too much credit...Its a very liberal, democrat paper...lucky it even got any coverage.
If your a conserative and write the editor a letter, don't expect to see it hit the press.

I read it on the Internet, but refuse to buy it...

[RedRover]

Now that’s a plan! You missed your chance to shout it out to McCain.

[lilycicero]

I see you must have digested a red bull or a can of rock star today.

[RedRover]

Two shots of espresso in the morning, four at noon, and two at night. Plus a pack of cigarettes and a jelly doughnut keep me going at full-strength when others have faded away.

[smoothsailing]

That's interesting. I live in Washington, PA. I found the article to be fair and objective.

Compare it to my hometown paper's article http://www.freerepublic.com/focus/f-news/2091257/posts and tell me what you think.

Also, if you would, post your view of Michelle Ganassi, the writer of the article in the Daily American and why you think liberal editors gave the OK to her article for publication.

[bamahead]

bookmark

[smoothsailing]

• Home
• Media
• blog
• Pictures
• Donations
• Contact

Lance Corporal Justin Sharratt, USMC

---

Donations

 

Donations can be sent to:

Justin Sharratt Fund for Justice
P.O. Box 44
Canonsburg, PA   15317-0044  
Please make checks payable to: Justin Sharratt Fund for Justice

Any questions regarding donations can be directed to:

Attorney Noah Geary, Washington Trust Building, 30 East Beau St., Washington, PA   15301. Phone number: 724-222-3788

The Sharratt Family would like to express our sincere and unending gratitude to the friends, family, and supporters who have assisted our Marine by sending emails and letters of support, donations, and prayers.  It absolutely touches us all, and there is no way to thank you all adequately.

---

---

Copyright - JustinSharratt.com : Site donated by Matt Smith and Jaclyn Sharratt

[Girlene]

This is an interesting lawsuit. The suit has five counts. In the first three counts, the suit alleges that Justin Sharratt's constitutional rights were violated.
Count 1 - Violation of 5th Amendment under US Const. to Due Process of Law before being deprived of Life, Liberty and Property.
Count 2 - Violation of 6th Amendment - Presumption of Innocence and a Fair Trial.
Count 3 - Violation of Equal Right to Protection of the Law

The last two counts deal with Slander per Se (IV) and Tort of Invasion of Privacy - Putting Sharratt in a False Light (V)

The suit seeks monetary damages for the first three counts because Murtha was acting under the color of federal authority while allegedely violating Justin's constitutional rights. The case sited is Bivens v. Six Unknown Federal Narcotics Agents.

Essentially the way I read that court's findings was that if a federal authority violated a citizen's constitutional rights, greater harm (and thus damages) could be found because of the power he held acting in the name of the United States.

In Bell v. Hood, 327 U.S. 678 (1946), we reserved the question whether violation of that command by a federal agent acting under color of his authority gives rise to a cause of action for damages consequent upon his unconstitutional conduct. Today we hold that it does…

Respondents seek to treat the relationship between a citizen and a federal agent unconstitutionally exercising his authority as no different from the relationship [403 U.S. 388, 392] between two private citizens. In so doing, they ignore the fact that power, once granted, does not disappear like a magic gift when it is wrongfully used. An agent acting - albeit unconstitutionally - in the name of the United States possesses a far greater capacity for harm than an individual trespasser exercising no authority other than his own. Cf. Amos v. United States, 255 U.S. 313, 317 (1921); United States v. Classic, 313 U.S. 299, 326 (1941).

In Wuterich's suit, there are three counts: Libel, Invasion of Privacy/False Light, and Republication by Third Parties. As far as I can tell, it does not address violating constitutional rights acting under the color of federal authority like Sharratt's first three counts do.

I'm assuming the DOJ will once again vouch for Murtha, that he was acting as a federal employee, thus attempting to substitute the federal govt. in the suit in place of Murtha. However, if Murtha as an "individual" used his federal authority to violate someone's constitutional rights, will this still fly?

[cricket]

Love this. Worked then, works now. . .