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Vanity: Legal question regarding disease outbreaks

Posted on 10/12/2014 5:32:25 PM PDT by carolinadad

Any Freepers with a legal background know what it would take to create viable grounds for a reckless endangerment lawsuit against the Obola administration for facilitating the entrance of Ebola and/or Enterovirus into the country? Is there any form of legal redress that could be pursued against FedGov for failure to protect the citizenry or sending our armed forces into the Ebola hotzone?

Please don't flame, I ask out of pure curiosity.


TOPICS: Your Opinion/Questions
KEYWORDS: ebola; ebolaoutbreak; enterovirus; rarevirus
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1 posted on 10/12/2014 5:32:25 PM PDT by carolinadad
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To: carolinadad

It would take Lots and Lots of Money.


2 posted on 10/12/2014 5:37:08 PM PDT by ImJustAnotherOkie (zerogottago)
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To: carolinadad

You have no standing; only Congress can act.


3 posted on 10/12/2014 5:37:20 PM PDT by Perdogg (I'm on a no Carb diet- NO Christie Ayotte Romney or Bush)
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To: Perdogg

I don’t get this “standing” thing. Those of us who are endangered or have actually become sick have no standing?


4 posted on 10/12/2014 5:40:24 PM PDT by Aria ( 2008 & 2012 weren't elections - they were coups d’état .)
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To: Aria

If you got sick, you would probably have standing, but government officials are quite well-protected against suits based on the decisions made. You would probably have to prove intent or malice, which would be difficult.


5 posted on 10/12/2014 5:43:33 PM PDT by expat2
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To: Aria

You have to have the federal government’s permission to sue the federal government. In other words, it’s a political question. I’m not sure ‘standing’ is applicable here.


6 posted on 10/12/2014 5:44:15 PM PDT by jjotto ("Ya could look it up!")
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To: Aria

This is a representative republic. You are represented by a member of Congress. Congress may take action in the form of cutting off funding or impeachment.

I don’t understand, after all of the lawsuits in this country, any body would want to have a situation where the executive branch could be sued. We did not like it when they did it to Gov Palin. I wish the Congress would grow a pair, but the situation is no court would allow any lawsuit such as this.


7 posted on 10/12/2014 5:45:17 PM PDT by Perdogg (I'm on a no Carb diet- NO Christie Ayotte Romney or Bush)
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To: expat2

So being in government mostly means never having to say you’re sorry - unless your opponents are out to get you.


8 posted on 10/12/2014 5:47:43 PM PDT by Aria ( 2008 & 2012 weren't elections - they were coups d’état .)
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To: carolinadad

Those with standing, hopefully still breathing, should file suit. Thomas Duncan should be the one additional defendant named.
Duncan has been given the victim status by bozos government while it lays blame on our health care workers who are sick now. Sickening. We need be “very clear” on this when voting.


9 posted on 10/12/2014 5:48:05 PM PDT by Recompennation (Constitutional protection for all not ju st selectively for Democrats.)
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To: carolinadad
A really interesting read : Its like Tweedle-Dum , and Tweedle-Dee

U.S. lacks a Single Standard for Ebola Response


http://www.usatoday.com/story/news/nation/2014/10/12/examining-the-nations-ebola-response/17059283/
"The answer seems to be — there really isn't one person or agency. There is not a single national response.
The Atlanta-based Centers for Disease Control and Prevention has emerged as the standard-bearer — and sometimes the scapegoat — on Ebola."

So the Federal can keep borders open and population at risk of desease ,
But the States have to ask Feds to interceed, and State Health Depts. have the option not to follow direction.
Read the article because it shows the ironic conundrum we are in, medically.

10 posted on 10/12/2014 5:56:39 PM PDT by Tilted Irish Kilt
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To: carolinadad

The courts like to use past precedent for their rulings because they are lazy. But they are also corrupt. What we going to do?


11 posted on 10/12/2014 6:03:11 PM PDT by Karl Spooner
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To: Karl Spooner

“But when a government becomes destructive of these ends...”


12 posted on 10/12/2014 6:07:02 PM PDT by 17th Miss Regt
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To: carolinadad

All the cops are crooked.

This only ends one way.


13 posted on 10/12/2014 6:12:12 PM PDT by daisy12
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To: 17th Miss Regt

I would say that there is a serious short supply of guts...


14 posted on 10/12/2014 6:14:04 PM PDT by Karl Spooner
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To: carolinadad

Why isn’t congress doing this? After all, it is part of their job.


15 posted on 10/12/2014 6:16:34 PM PDT by The Sons of Liberty (I want a Speaker who'll stick that pen and phone where no one but Reggie Love can find it!)
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To: Recompennation

To All: I appreciate the feedback. I don’t really believe in the litigation route, just grasping for straws. I first thought of the reckless endangerment angle as a knee-jerk response to those who would claim racial discrimination in Mr Duncan’s death and/or in attempts to prevent others from entering the country resulting in further spread of these diseases. It is incredibly frustrating to watch this train-wreck unfolding.


16 posted on 10/12/2014 6:23:14 PM PDT by carolinadad
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To: carolinadad

I would like to see a wealthy Conservative or Conservative Group spend a fair bit of money buying full pages ads in major newspapers announcing their pursuit of criminal charges against obama for reckless endangerment for refusing to stop issuance of entrance visas to residents of the Ebola Stricken Western African countries... The continued refusal by the president endangers citizens of the United States of American by recklessly allowing new people to enter the country with full knowledge that some of them have a high probability of having Ebola ready to emerge into full blown disease...

Oh I know this not likely to be able to be done -— but a few weeks of in your face negative publicity in October would be damaging to all Dems running for the Senate...

Properly worded such an announcement could use words and phrases to say ‘are pursing grounds to file charges’, investigation case precedence to support our charge, lay out the nature of the grievance ... worded very much like a Grand Jury indictment against obama... with words as the Democrats in the U.S. Senate will not take action to force the president ... etc... A few hundred thousand dollars would smear the president pretty well — Can you imagine the talking heads on TV - screaming at each other — the money spent for full page ads in 5 major news papers would buy millions of dollars of negative ads against obama and the Dems.,.. Oh I can wish...


17 posted on 10/12/2014 6:29:47 PM PDT by ICCtheWay
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To: carolinadad

http://en.wikipedia.org/wiki/Federal_Tort_Claims_Act


18 posted on 10/12/2014 6:33:25 PM PDT by yldstrk (My heroes have always been cowboys)
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To: carolinadad

The proper mechanism is impeachment, and there is no way in the world that Democrats in the Senate would do their job. It’s not even worth trying with no chance of success and only two years left in this long national nightmare.

The actual penalty will be political - massive Democrat losses in the House, the Senate, and hopefully at the local level. If we elect conservatives and don’t just elect republicans, if we repeal Obamacare and the rest of Obala’s legacy of destruction and don’t just slow the growth of FedGov, then we will have done the best we could do for our country. Impeachment will be irrelevant if instead we can undo the harm.


19 posted on 10/12/2014 6:38:26 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: carolinadad

We need the AJA.

The American a justice Act!

Low cost legal insurance so we can sue the crap out of the govt all day!


20 posted on 10/12/2014 6:39:21 PM PDT by NoLibZone (The bad news: Hillary Clinton will be the next President. The Good news: Our principles are intact.)
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