Thursday, February 3, 2011

Chris Dumm, writing at The Truth About Guns, has an interesting observation. . .

"Agent Terry’s Family May Sue the ATF Under the Federal Tort Claims Act."

Well, that’s where we’re headed right now. Agent Terry’s loved ones, along with the American people, deserve a full accounting of just how and “why” the ATFE knowingly allowed guns to be illegally sold and delivered to his murderers. The press may not be able to get these answers, yet, but the family can get them by filing a claim under the Federal Tort Claims Act.

Under 28 U.S.C. § 1346(b), the United States is liable for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

I can’t lay claim to any particular knowledge of Arizona tort law, but my gut feeling is that knowingly allowing a gun to be sold to a straw purchaser for Mexican drug gangs should expose you to the same kind of civil liability as knowingly selling another drink to a driver you suspect to be drunk. You may not intend for anyone to get hurt, but you just can’t go around doing these kinds of things when it’s your statutory duty to enforce our gun laws and not violate them.


Mark Matis said...

You need to understand that they can only be sued if they AGREE to be sued. And what do you think the chances are of THAT happening, now that The One and his toadies are ignoring TWO injunctions and at least ONE contempt of court citation?

We ARE at war. When is it time for the pigs to rot in hell for enabling this swill?

Anonymous said...

God's speed to family.

Mark... seems to be sooner than later.

wl moses

irishdutchuncle said...

unfortunately, the gun dealers who actually sold the weapons will end up being sued. the fact that they acted under duress will likely not be a defense.

fireplaceguy said...

Call Gerry Spence. I'm dead serious.

The Spence Law Firm, LLC
15 South Jackson Street
Jackson, Wyoming 83001

Look at what he did for Randy Weaver. He'll find a way to clean the ATF's clock, and do it with passion and flair.

When I need a lawyer, I look to the local guys who are on the faculty of the non-profit trial lawyers college Gerry founded. I hate to sound cliched, but Spence and his gang are the best if not the last bastion of truth and justice seekers in US law practice. My cases have been trivial, but I still want justice and these guys are all about that.

The Terry wrongful death case should be handled directly by the Spence Law Firm. If anyone has a conduit to the Terry family, please pass this along.

For minor local cases, the college is at (307) 734-4430. They will be happy to refer you the graduates and faculty who practice in your state. I suggest you work with faculty if you can. They have completed the full course, were good enough to be invited back to teach, and good enough at teaching to be invited onto the faculty. They're all volunteers, teaching without compensation and traveling to Wyoming at their own expense. (I know of no other filter that works as well for choosing an attorney, which is a crap shoot that's heavy on the crap.)

Pericles said...

If not for a murdered ICE agent and the attempts to ruin the live of some good people, I'd be laughing right now.

GunsXchange said...

Hopefully his family succeeds and gets some justice out of this fiasco.

Anonymous said...

I'm with fireplaceguy, call Spence!
They're in my neighborhood and I've been of the belief that they would be the ones to call when you really need help with the .gov goons.
Besides, it'll give Whoopi something to laugh about again.