Louisiana Government Wee Bit Out of Control

[David Lockmiller]

(01-28-2023 09:50 PM)AussieMick Wrote:  I'm surprised that a "No Win No Fee" lawyer hasn't offered to sue the State govt.

(I'm not exactly a fan of those lawyers, . . . but I guess they serve a purpose.)

I would have thought illegal deprivation of liberty is a serious offence and one that allows for a claim for $$$$.

Maybe the govt cannot be sued? (Like the British Crown ? Hmm not sure about that.)

Lawyers refer to this as "sovereign immunity." In essence: "You cannot sue the king (or, government sovereign) for a wrong done by the king (or, the sovereign government, including wrongdoing by federal government employees)."

The evolution of the concept of "sovereign immunity" in the United States has an interesting history (Source: Wikipedia - Federal Tort Claims Act):

Congress considered passage of legislation such as the Federal Tort Claims Act (FTCA) for more than twenty years. Then, a tragic event occurred in 1945 that brought the Congress to legislative action.

The Federal Tort Claims Act was passed following the 1945 B-25 Empire State Building crash, where a bomber piloted in thick fog by a U. S. [military officer] crashed into the north side of the Empire State Building. Eight months after the crash, the U.S. government offered money to families of the victims.

Some accepted, but others initiated a lawsuit that resulted in landmark legislation. The Federal Tort Claims Act of 1946, for the first time, gave American citizens the right to sue the federal government. Although the crash was not the initial catalyst for the bill, which had been pending in Congress for more than two decades, the statute was made retroactive to 1945 in order to allow victims of that crash to seek recovery.

The FTCA provides the exclusive remedy for claims based upon the negligent or wrongful acts of government employees, 28 USCS § 2679(a). By statute, 28 USCS § 1346(b) grants exclusive jurisdiction in the district courts over tort claims against the government. Punitive or exemplary damages are not available against the government. Furthermore, no allowance is permitted by the FTCA to cover the plaintiffs legal fees and expenses, such as expert witness fees. The sole remedy available to plaintiff under the FTCA is compensatory money damages, intended to make the plaintiff whole once again.

Thus, for the first time in the history of this democracy, Congress grudgingly yielded a measure of sovereign immunity in granting to every citizen the right to recover compensatory damages only, for claims based upon the negligent or wrongful acts of federal government employees. This long-delayed legislated act of simple justice was accomplished by means of the Federal Tort Claims Act.