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To: Catspaw
Would you like Jeb to overturn the court order for Terri by executive order? Would you like Jeb sued for failing to protect Terri? I'm just curious as to how far you'd go.

I don't Jeb Bush well enough to know whether his inaction is a result of malice (she's better off dead), cowardice(something bad could happen), incompetance (duh, what do I do?), or outside pressure. As such I don't know whether he should be named in any wrongful death suit.

Actually, in all fairness, I doubt that a wrongful death suit has much of a chance of success against any of the principals. A federal civil rights conspiracy charge might have some merit (and could--dream dream--get those creeps the needle) but I don't think a wrongful death suit would go anywhere.

The problem is that it will be hard to prove Terri's death was really wrongful. We here know it would be, of course, but unfortunately most of the evidence which would lead us to that conclusion would not be admissible on a wrongful death suit.

On the other hand, the judge's consistent refusal to appoint a guardian ad litem(*) for a disabled person seems like a gross violation of a number of federal rights laws.

(*) I just realized something: I earlier thought Schiavo et al. may have managed to quasi-legally sideswipe the Schindler's attourneys by dismissing the first g-a-l and have the hearing for whether to replace him occur before the Schindlers got enough evidence of conflict-of-interest. But I just realized that the court would be required to appoint a guardian ad litem even if the parents and their attourneys were totally out of the picture. Unless I misunderstand things (always possible) even a failure of the Schindlers' attoruneys to produce timely evidence of a potential conflict of interest should not have let Judge Greer off the hook for failing to appoint a guardian ad litem.

273 posted on 10/19/2003 5:46:11 PM PDT by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: supercat
Actually, in all fairness, I doubt that a wrongful death suit has much of a chance of success against any of the principals. A federal civil rights conspiracy charge might have some merit (and could--dream dream--get those creeps the needle) but I don't think a wrongful death suit would go anywhere.

I don't know if it'd go anywhere either, but my guess is that a wrongful death will be filed by the Schindlers, if only to depose the principals and do other discovery.

281 posted on 10/19/2003 6:30:15 PM PDT by Catspaw
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