Interesting little illustration of the way lawsuits against federal officials sometimes work, from the AP — both as to who pays, and as to the resulting limits on punitive damages. I express no opinion about whether this is the proper result, but it seems interesting:
Former U.S. Rep. Bill Janklow was on duty when he caused a fatal accident last summer, so taxpayers should pay any civil damages in a wrongful death lawsuit, according to a court ruling Tuesday.
U.S. Magistrate Arthur Boylan sided with U.S. Attorney Tom Heffelfinger’s conclusion that Janklow, 64, was on official business Aug. 16 when he sped through a stop sign near Trent and collided with motorcyclist Randy Scott, 55, of Hardwick, Minn.
Boylan concluded that the federal government, not Janklow, should be listed as the defendant in the lawsuit filed by Scott’s mother, sister, son and daughter.
The family’s lawyer, Ronald Meshbesher of Minneapolis, wanted the case moved back to state court in Minnesota so the family could get punitive damages, something not allowed if the case stays in federal court. . . .
Janklow had appointments or appearances over two days in Rapid City, Pierre and Aberdeen and was on his way to his Brandon home when he went through a stop sign at an intersection of two county highways. . . .
The magistrate also concluded that Janklow’s driving habits did not remove him from coverage by the Federal Tort Claims Act that legally protects federal employees.
“It is foreseeable that improper driving conduct, including conduct that can be construed as reckless, would occur,” Boylan wrote. . . .
Janklow, who was elected to Congress in 2002 after serving a total of 16 years as governor, spent 100 days in jail after being convicted of speeding, running a stop sign, reckless driving and second-degree manslaughter. He resigned from the House in January. . . .
Thanks to reader Dennis Callahan for the pointer.
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